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Supreme Court Restricted Repeated Applications for Fee Exemptions

The Supreme Court of Israel declined to overturn a decision requiring David Mizrahi to pay a court fee. In addition, the Court ordered him to pay costs of 250 shekels and made the acceptance of new applications for payment relief conditional on payment of that amount.

Key facts

  • Proceeding: HCJApp 1493/18
  • Court: Supreme Court of Israel
  • Justice: David Mintz
  • Decision date: March 4, 2018
  • Costs payable to the State Treasury: 250 shekels
  • The appeal was filed against a decision dated January 22, 2018

Who Participated in the Proceeding

The appellant in proceeding HCJApp 1493/18 was David Mizrahi, who represented himself. The respondents were the Attorney General, the Supreme Court, the Jerusalem District Court, the Ariel Court for Local Affairs, and the Courts Administration.

Why the Court Denied the Application

Justice David Mintz found no grounds to intervene in Registrar Gil Lubinsky-Ziv’s decision of January 22, 2018, which required the appellant to pay a fee. The Court noted that Mizrahi regularly initiates numerous proceedings, requests exemption from depositing security and paying court fees, and files appeals after his applications are denied. Although the proceedings may have differed, the factual basis of these applications remained the same and, in the Court’s view, did not justify granting an exemption.

The Additional Condition Imposed by the Court

The Court ordered the appellant to pay 250 shekels to the State Treasury. Until that amount is actually paid, the Supreme Court will not accept from him new applications for exemption from security or fees, regardless of the type of proceeding. He must attach a receipt for payment of the awarded costs to every new application.

What this means for you

Repeatedly submitting an application for exemption from a fee or security does not guarantee reconsideration of the refusal, particularly when the circumstances remain unchanged. In this proceeding, the Court also used a procedural condition: new applications of this kind by the specific applicant would be accepted only after payment of the previously awarded costs and attachment of a receipt.

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