Tel Aviv District Court Judge Sarah Dotan rejected the appeal of Michal Rand, the wife of singer Shuli Rand, to set aside a judgment rendered against her in the absence of defense, in a lawsuit filed by Scout Grant for defamation publications.
Rand will also pay Grant NIS 7,500 in legal fees.
Last December, Grant filed a lawsuit against Rand for defamation in the amount of about half a million shekels, due to 20 different publications against her.
When no statement of defense was filed, the ruling was given, according to which Rand was ordered to pay Grant NIS 500,000 in addition to the linkage differences and interest, expenses and attorney's fees.
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A few months later, Rand filed an urgent motion with the Magistrates' Court to set aside the judgment in the absence of a defense, and to grant its length to file a defense.
Rand did not appear for the hearing, and therefore Grant's attorney, Advocate Ben Karpel, was not given the opportunity to question Rand for an affidavit.
A review of the application and a hearing in court, where the alleged wrongs caused to Rand were detailed, according to her, by her ex-partner, Shuli Rand, the reason given - according to Judge Dotan - that Rand had difficulty financing legal representation to manage her defense.
At the hearing itself, the lawyers agreed that the verdict would be overturned subject to the payment of expenses in the amount of NIS 15,000 to Grant and the removal of all publications specified in the statement of claim.
It was further stated that insofar as a notice is not given on behalf of Rand that it approves the agreed outline, a decision will be given by the court on the basis of the material before it.
Rand eventually came back to her and said that she could not agree to the proposed outline regarding the deletion of the publications, since they are truth publications, and therefore she has protection against the prosecution.
Rand was subsequently ordered to pay additional expenses in the amount of NIS 7,500.
Scout Grant, Photo: Gideon Markovich
Following this, Rand appealed to the Tel Aviv District Court, where, as stated, Judge Dotan rejected her request, noting that Rand's conduct refuted her claim that the failure to file a statement of defense was not done out of contempt or disregard for the legal process. The judge also noted that Rand's claims in the petition were trivial and puzzling, and did not include reference to the main defense terms, her claim that she was telling the truth.
"As for the publications themselves, the claim that the things were written 'from the heart of the applicant' based on information provided to her by acquaintances does not justify dozens of harsh publications, which may humiliate the respondent in the eyes of the public and make her a target of hatred, contempt or ridicule. "Only in this court is that the publications constitute an expression of opinion. I have not found this argument to be discussed since the appeal does not constitute a lodge for making 'some improvements'," Judge Dotan wrote, adding: "There is no choice but to determine that Its purpose is to leave the same things (publications) in the air of the world, whatever the price. Misuse of legal proceedings. "
