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November 18, 2021
A debt cannot be offset against another transaction when it is not a fixed amount and without details
Commercial, Banking and Financial
A landowner commissioned an agricultural work and although the laborer performed the works, the landowner did not pay for such on the grounds that the laborer did not complete other work requested to perform. The Court accepted the claim and held that no consideration could be offset for another transaction when it was not a […]
November 7, 2021
Showing a bank balance and agreements on income is not sufficient to exempt a claiming company from depositing a security for expenses
Business, Corporate and Joint Ventures
A tenant in the cannabis field vacated the property after a short period when it discovered that it could not use it to establish a farm for growing medical cannabis. When the leasing company filed a lawsuit against it, the tenant demanded that deposit of a security for its expenses. The Court ordered the plaintiff […]
November 4, 2021
A seller of an apartment that withheld materiel information from the purchaser during negotiations is acting in bad faith and must compensate the purchaser
Real Estate
A purchaser of an apartment sought compensation from the seller because she failed to disclose hidden material defects in the apartment, including neighbors’ complaints about moisture and water damage that originated from defects in the apartment plumbing system. The Court accepted the claim and held that the purchaser should be compensated for failure to disclose […]
November 4, 2021
A marketing director should not be held personally liable for the payment of compensation for breach of the Spam Law by the Company
Business, Corporate and Joint Ventures
A person who received spam mail demanded compensation from the company’s marketing director after contending that by virtue of her position she was directly responsible for breaking the law. The Court dismissed the claim against the marketing director and held that there is no room to charge her personally. With regard to the publication of […]
October 31, 2021
An employee who acts in the framework of his position in favor of a competing business will be required to compensate the employer
Labor Law and Immigration
An employee assisted the former CEO of a company, who set up a competing business, while working in the company and contacted a company customer to divert its business for the competing business. The Labor Court held that the employee’s conduct was extremely severe and the employee must compensate the company for breaching the duty […]
October 28, 2021
A Common Law marriage status does not automatically entitle to spouse’s pension
Notarial Prenups
A couple who ran a joint household as well as family life for many years, until they separated, executed a prenuptial agreement, which excluded each spouse’s entitlement to the other’s pension. The Court held that the woman is not entitled to her former spouse’s pension. “Common Law marriage” is a case where a couple decides […]
October 27, 2021
Permission to use a trademark must be registered to ensure that there is no misleading of the public
Copyright, Media and Artists
A company sought to revoke the registration of an existing trademark because the trademark owner has not used it directly, but only through another company which has no corporate connection to her and for which no permission for use has been recorded. The Trademarks Registrar denied the application and held that the trademark could not […]
October 25, 2021
A shareholder who embezzled can be removed from the company and this does not constitute minority oppression
Business, Corporate and Joint Ventures
A 25% shareholder in a company that owns a store ran the store until he took money from the company due to a gambling debt. He informed the other shareholders of this and undertook to repay the funds but they immediately terminated his employment as the store manager and as a director of the company […]
October 21, 2021
Obtaining a building permit to make a change in the common areas does not enable the change absent consent of the tenants
Real Estate
A tenant in a condominium broke down a wall from his apartment for the purpose of building an exit to the common yard without the consent of the other tenants, but after receiving a building permit for it. The Land Registry Supervisor held that the opening of the wall was done illegally and the tenant […]
October 20, 2021
Although an illegal agreement is not enforceable the party who initiated the illegality cannot take advantage of it so as not to pay
Commercial, Banking and Financial
A subcontractor who completed the construction demanded payment from the main contractor, among other things due to the expenses incurred because of the extension of the construction period, but the main contractor contended that no building permit was ever obtained – when the construction period is due from the date of receipt of the permit, […]
October 20, 2021
A trust agreement for the holding of shares will be enforced unless there is an oral agreement turning it to an ostensible agreement
Business, Corporate and Joint Ventures
Two French businessmen, one of whom migrated to Israel and the other to Dubai, signed an agreement under which one will hold shares in a chain of companies for the purpose of holding a Portugese hotel in trust for the other. After the ownership of the hotel was transferred to a third party in breach […]
October 19, 2021
A company may be entitled to receive criminal investigation materials against its manager in order to open proceedings against the manager
Business, Corporate and Joint Ventures
After a controlling shareholder in a company was convicted of fraud, breach of fiduciary duties and embezzlement of funds of the company as well as various other offenses under the Securities Law, the company filed a claim against him and demanded to receive all the criminal investigation materials. The Supreme Court held that the criminal […]
October 18, 2021
A contractual labor dispute jurisdiction clause will usually be honored
Labor Law and Immigration
Senior executives of an Israeli company that is part of the Playtech Group and wholly owned by a company incorporated in the Isle of Man, which is a subsidiary of another Isle of Man company traded on the London Stock Exchange, filed a claim with the Israel Labor Court, for a bonus under the group […]
October 18, 2021
An indemnification obligation in a sub-contracting agreement will not apply if the main contractor did not fulfill its obligations
Commercial, Banking and Financial
Under a subcontracting agreement, the subcontractor undertook to indemnify the main contractor for indirect costs of third-party payments provided that the parties cooperated to avoid third-party payments. Another construction company contended against the subcontractor that it was entitled from the main contractor to entrepreneurship fees and the indemnity agreement was considered an agreement in its […]
October 18, 2021
A four-month delay in delivery of an apartment due to the Covid-19 epidemic may be reasonable and not entitling to compensation
Real Estate
A purchaser of an apartment sought compensation from the contractor after receiving the apartment in about four months delay, due to the Covid-19 epidemic. The Court dismissed the claim and held that the delay was due to circumstances beyond the contractor’s control and do not justify compensation. Israeli law stipulates that more than sixty days […]
October 14, 2021
Insolvency proceedings will not be initiated against a company that can be rehabilitated
Business, Corporate and Joint Ventures
The Israeli oil refineries (Bazan Ltd.) has entered a state of insolvency and negotiated with its bondholders who constitute 99% of its creditors for the purpose of rehabilitating the company. In parallel, a creditor of the company with a debt in the amount of ILS 615,000 filed a motion to initiate insolvency proceedings against the […]
October 8, 2021
A condominium bylaws trump over specific management agreements the preceded it with regards to payment of management fees
Real Estate
A management company of a commercial building registered as a condominium demanded from unit holders to pay management fee as per the specific management agreements signed with it, while the condominium bylaws recorded after the execution of the management agreements set that management fee is paid pro rata to the size of the unit compared […]
September 30, 2021
A person acting without good faith may not file a derivative claim in a company
Business, Corporate and Joint Ventures
A woman whose son worked for the Israeli Electric Company (IEC) and whose termination resulted in legal proceedings against the IEC, purchased an IEC share and demanded documents from the IEC for the filing of a derivative claim – a claim on behalf of the company against its officers – following a settlement between the […]
September 29, 2021
The higher the position of a company officer the higher are such officer’s fiduciary duties
Business, Corporate and Joint Ventures
A shareholder who also served as a senior manager opened a competing company. The Court held that the manager’s activity in the competing business constitutes a breach of his obligations to the company. The main duty imposed on an officer in a company is to act solely for the benefit of the company and to […]
September 27, 2021
Negotiating for a company without involvement of the board of directors and proper legal advice may be deemed oppression of the investors
Business, Corporate and Joint Ventures
A high-tech entrepreneur raised funds from investor for a company in the cellular field, but for 7 years and despite winning prizes and many negotiations with technology giants, including Sony, LG, Amazon, Motorola, Google, Microsoft, Nokia, Intel, Verizon and others, no transaction was executed due to problematic management, including negating with Google without the presence […]
September 26, 2021
A partner is not deemed an employee of the partnership and is not entitled to employee rights such as social benefits and prior notice
Business, Corporate and Joint Ventures
September 20, 2021
A company filing a counterclaim is not exempt from the obligation to place a guarantee to secure the expenses of the opposing party
Business, Corporate and Joint Ventures
A company was sued and filed a counterclaim. The Court held that as a condition for managing the counterclaim the company is to deposit a guarantee in the amount of ILS 200,000. Under Israeli law a limited liability company plaintiff is required to deposit a guarantee to secure the defendant’s expenses. However, the Court may […]
September 19, 2021
Use of a work of art may be deemed a copyright infringement even if the result of the use if distributed for free
Copyright, Media and Artists
The Migdal Insurance Company used the works of artist Yaakov Wechsler, which were included in the calendar that was distributed by the company for free to its customers. The Court held that the use of Wechsler’s works in the calendar amounts to copyright infringement. The artist (and after demise of the artist – the successors) […]
September 19, 2021
The writing requirement for real estate transactions can be mitigated depending on the circumstances of the case, especially in cases of a finished act
Real Estate
A seller of rights in real estate sold such to a purchase but no written sale agreement was signed even though payment was made and the agreement was consummated in fact. After then years the seller sought to cancel the agreement unless it is paid an additional consideration. The Court held that the sale agreement […]
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