Gidi Lipkin
Hapoel Tel Aviv players (Radad Jabara)
Supreme Court Justice, Ofer Grosskopf, Today (Thursday) criticized the Football Association, due to its request for immediate dismissal of the lawsuit filed against it, regarding the dissolution of Hapoel Tel Aviv.
The judge at the beginning of his speech wrote, among other things, that: “The appeal request must be rejected without the need for the respondents’ reference. I am afraid that the dismissal request is based on an incorrect reading of my decision in the Better Place case,” the Supreme Court judge commented on the football association’s procedure. The association tried to argue for another ruling in which the judge was involved in the Better Place company.
Judge Grosskopf further states that: “The association is one of the defendants in the lawsuit (approximately NIS 78 million, G.L.), and so is CPA Ofer Orlitzky, who served as chairman of the association’s budgetary control authority during the period relevant to the lawsuit. It is the lawsuit against the association and Orlitsky’s accountant that “failed a diligent, thorough, substantial failure in supervising the conduct of the group (Hapoel Tel Aviv) and what was done in it in the years 2012-2017, thus allowing its economic collapse. “The association and CPA Orlitzky submitted to the district court, separately, requests for dismissal of the lawsuit against them outright. These requests were both denied in the said decision of 17.12.2020. The request for leave to appeal before me was submitted by the association only.”
Judge Grosskopf further notes in his decision that: Assuming that it is proven in the proceedings that the association bears this obligation, and that it should be held liable to Hapoel Tel Aviv for improper supervision of the management that led to the collapse of the company, then it seems that the damage realized is first and foremost damage by Hapoel Tel Aviv. “.
Judge Grosskopf further criticizes the Football Association: “The first point is procedural-technical. The request for leave to appeal is based on the claim that the statement of claim does not reveal a ground against the association. “A party seeking to claim that a statement of claim does not disclose a cause must attach the statement of claim as a whole, and address the substance of the allegations against him in a matter-of-fact and focused manner. .
