Gornitzky represented Kaldash Construction Ltd. in an appeal that was filed with the Supreme Court by the Municipality of Jerusalem, against the judgment that had been handed down by the Jerusalem District Court (the Honorable Judge Ram Winograd). The judgment had dismissed the Municipality’s claim against the developers of Holyland, Kaldash et al., in a scope of NIS 130 million, while ordering the Municipality of Jerusalem to pay costs and attorneys’ fees in an amount of over one and a half million shekels.
In the course of the hearing that was held before the Supreme Court (the Honorable Panel: Justices Isaac Amit, Ofer Grosskopf and Daphne Barak–Erez), sharp criticism was leveled against the very fact of the filing of the appeal, notwithstanding the well-reasoned and incisive judgment that had been handed down by the Jerusalem District Court. The judgment had placed emphasis, among other things, on the problematic conduct of the Municipality, which insisted on continuing to conduct the claim, even though it could have retracted its arguments on several occasions during the proceedings.
At the end of the hearing, the Municipality accepted the justices’ recommendation and retracted the appeal that it had filed. Accordingly, the appeal was dismissed and the Appellant was ordered to pay additional costs (in addition to the high costs that had been awarded against it, as aforesaid, in the District Court).
The company was represented by the partners Orly Tenennbaum and Daniel Lasry.