Background
Ariel Pinchasov appealed a judgment of the Tel Aviv–Jaffa District Court in Civil Case 76041-12-19. At his request, the Supreme Court dismissed the appeal on September 17, 2026, while allowing respondent Menora Mivtachim Insurance Ltd. to address costs.
Menora opposed dismissal without costs and sought NIS 210,169, or alternatively NIS 71,169, together with payment from the security deposited for the appeal. Pinchasov separately requested the security’s return. The registrar temporarily declined to release it and gave Pinchasov until October 13 to respond to Menora’s costs application. He filed no response; instead, his attorney sought and obtained leave to withdraw because of irreconcilable disagreements.
The Court’s Holding
Registrar Ron Goldstein held that Menora was entitled to costs. As a general rule, when a party voluntarily discontinues a proceeding before a merits determination and without obtaining the requested relief, that party should bear the opponent’s costs. The discontinuance supports a rebuttable presumption that commencing the proceeding was not justified, and the initiating party bears the burden of rebutting it.
Pinchasov offered only that a “renewed examination” showed no need to continue, and he did not oppose the costs application. Costs were warranted because Menora had already filed its appellate response, the appeal had remained pending for more than eighteen months, and a hearing had been scheduled. But Menora’s requested amounts substantially exceeded customary awards where an appeal is withdrawn before oral argument. The court also excluded trial-level expenses because the District Court had already awarded NIS 135,000 for that proceeding. Balancing the circumstances—including the time saved by withdrawing before the hearing—the registrar awarded Menora NIS 15,000.
Key Takeaways
- An appellant who withdraws an appeal without obtaining relief will ordinarily be required to pay the respondent’s costs.
- The court assesses costs in light of the timing and reasons for withdrawal and the work the respondent has already performed.
- The NIS 15,000 award must be paid from the appellate security, with the balance returned to Pinchasov subject to confirmation that no legal impediment exists.
Why It Matters
The decision underscores that voluntary dismissal does not ordinarily permit an appellant to avoid the financial consequences of an appeal, particularly after the respondent has filed a substantive response and a hearing has been scheduled. At the same time, appellate costs remain proportionate to work performed in the appellate proceeding and generally will not duplicate costs already awarded below.