A Honduran citizen filed a lawsuit to cancel the sale of a real estate property he owns, his only asset in Israel, on which an additional cautionary note was recorded in favor of a third party. The Court granted the motion of the defendants htat the plaintiff deposit a guarantee to secure their costs. Under Israeli law, a Court may order a plaintiff to provide a guarantee for the defendant's costs. Still, it will only do so in exceptional circumstances, such as when the plaintiff is a foreign resident with no assets in Israel from which costs could be easily collected if the claim is dismissed. The purpose of the guarantee is to prevent a situation in which a winning defendant cannot recover their costs. Here, the plaintiff is a foreign resident and the property in question is his only asset in the country. Moreover, the recording of an additional cautionary note on the property in favor of a third party creates a substantial encumbrance on the future ability to collect from the asset. Accordingly, the plaintiff was ordered to deposit ILS 150,000 to secure the defendants' costs.
Published in Afik News 450 15.10.2025
Related articles
An agent’s actions and agreements outside the scope of actual or apparent authority do not bind the principal
Copyright, Trademarks Media and Artists
Dispute Resolution
A non-Israeli company, which holds the rights to an international brand, claimed that Israeli companies breached a license agreement and infringed upon its trademark by manufacturing and marketing products bearing the brand without its authorization. The Israeli companies argued that they had acted lawfully under explicit authorization received from the company’s exclusive local representative in […]
Approval of CEO compensation via over-ruling requires addressing shareholders’ opposition
Capital Markets and Stock Exchange Regulations
Dispute Resolution
Business, Corporate and Joint Ventures
After the general assembly of shareholders in a public company rejected the decision of the compensation committee and the board of directors of the company to grant the CEO a special bonus that deviates from the company’s compensation policy, the bonus was approved via an “overruling” decision. The Court dismissed the company’s motion for summary […]
Late payments for purchasing a property do not constitute a justification for a delay in its delivery
Real estate in Israel and around the world
Dispute Resolution
A shop purchased from a contractor was delivered with a delay of nearly three years from the contractual date, during most of which the contractor used the shop to store its own construction equipment. At the time of the late delivery, the purchaser signed a delivery protocol. Additionally, during the contract period, the purchaser was […]
An employer may revoke severance pay and advance notice pay from an employee dismissed for a severe disciplinary violation and breach of fiduciary duty
Labor Law
Dispute Resolution
A sales agent worked for over a decade at a sports apparel and equipment marketing company. He was dismissed after being recorded taking merchandise from the warehouse without permission, and after it was discovered that while employed by the company, he sold products and cooperated with a competing company. The Court found that the employee’s […]