Background
Sigalit Buri sought permission to appeal several Jerusalem District Court decisions ordering the partition and forced sale, as a vacant property, of the apartment where she and her family lived. She challenged both that disposition and the District Court’s refusal to stay the proceedings or allow her to redeem her husband’s rights in the property.
In the Supreme Court, Buri requested exemption from the filing fee and from posting security for costs, or alternatively a reduction of the security or permission to pay it in installments. She said that she supported herself through occasional domestic work, lived with nine children, had no savings or liquid assets, and was represented pro bono. Respondent Assaf Degani opposed the requests, pointing to Buri’s recent assertion that she could quickly obtain substantial financing, including preliminary approval for a NIS 1.15 million bank loan.
The Court’s Holding
Registrar Ron Goldstein denied all requested relief. An applicant seeking exemption from fees or security must provide a complete and current evidentiary basis establishing financial inability; an exemption also requires adequate prospects of success for the fee and substantial prospects of success for the security. An applicant must further show an inability to obtain assistance from close associates.
Buri failed to establish financial inability. Her bank statements were more than a year and a half old, and she supplied neither proof of income nor credit-card statements. Her account of unsuccessful efforts to obtain family assistance was conclusory and unsupported. More importantly, it conflicted with her July 2026 filing below, in which she invoked her “financial strength” and “demonstrated ability to raise substantial capital within short timeframes.” Her alleged failure to pay previously awarded costs also weighed against her. Because she failed the financial-inability requirement, the Registrar did not assess the appeal’s prospects.
The Registrar also rejected Buri’s contention that the applicable security was NIS 7,500. That amount governs requests for permission to appeal filed in a district court; the prescribed security for such a request in the Supreme Court is NIS 20,000. Buri was ordered to pay the filing fee and post NIS 20,000 by September 17, 2026, failing which the proceeding could be dismissed without further notice.
Key Takeaways
- An applicant seeking exemption from court fees or security for costs must submit complete, current, and documented evidence of financial inability.
- Recent representations that an applicant can obtain substantial financing may defeat a later claim that the applicant cannot fund the proceeding.
- The prescribed security for a request for permission to appeal filed in Israel’s Supreme Court is NIS 20,000, not the NIS 7,500 applicable in district court.
Why It Matters
The decision underscores that financial-relief applications are evaluated against the applicant’s full and recent litigation record. Stale bank statements and generalized claims about unavailable family assistance will not suffice, particularly when contradicted by the applicant’s own recent assertions of access to credit.
It also confirms that access to the courts is not absolute. Fee and security requirements permissibly balance that interest against competing concerns, including protecting opposing parties’ ability to recover litigation costs.