The Court was moved to declare a decision of the board of directors of a company as void under the contention that it was made quickly, without thorough and professional background check. The Court rejected the motion and held that it was not proven that the decisions of the board of directors was made with mala fide or in unreasonableness that requires intervention of the Court. The Court will not replace the discretion of the directors, except in cases where it was proven that a decision was taken arbitrarily or with mala fide. In addition, the Court will take into consideration the implications of cancellation of the decision and the interests of the company. In this case, because the anticipated damage if the decision would be canceled was much higher than in case where the decision will be upheld, it was decided not to interfere with the decision.
Related articles
A car import license may be denied renewal also based only on industry-wide competition considerations, and not due to any act or omission by the importer
Competition
International Transactions and Disputes and Israeli “Soft Landing”
Dispute Resolution
The Ministry of Transport refused to renew the direct import licenses of a motorcycle importer for both Yamaha and Kawasaki brands, ruling that the license could only be renewed for one of them. The Supreme Court dismissed the importer’s appeal on competition grounds. The Israeli Law for the Licensing of Services and Professions in the […]
Pulling corporations with external shareholders into family legal proceedings necessitates caution to prevent business harm to third parties
Business, Corporate and Joint Ventures
Criminal Law
Domestic Relations
A divorce dispute led to a motion to include real estate corporations managed by the husband as direct parties to the proceedings, within the framework of the joint property, with the intent of preventing the dissipation of assets. The Court partially granted the motion for the joinder of the corporations. The Israeli Family Court Law […]
In the absence of a written document in a real estate transaction, the official recording prevails over oral agreements
Real estate in Israel and around the world
Dispute Resolution
Following a family dispute, a father moved to evict his son from a residential apartment in his ownership after the son and his family resided in the property for years without payment of consideration and without a written agreement. The Court granted the eviction claim. A commitment to grant a gift in real estate is […]
Penalizing customers for reducing their purchase volume constitutes a prohibited harm to competition when applied by a monopoly
Competition
Dispute Resolution
The Central Company for Beverage Distribution Ltd., which is a monopoly in its field, included in its agreements with its customers an option to cancel the agreement in the event of a reduction in the customer’s purchases and the Director General of the Competition Authority imposed a fine thereupon. The Supreme Court held that the […]