HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in the Occupied Territories Decision for Application to Impose Costs on the Respondents
Judgment | Judgment / Supreme Court | 11.01.2009
HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in the Occupied Territories Decision for Application to Impose Costs on the Respondents
The HCJ charged the respondents with expenses in HaMoked's petition to allow a father and son to leave the West Bank without undertaking never to return there, as the army had demanded. After the petition was deleted, following the army's retraction of its demand, the petitioners requested that the respondents be charged with expenses. The army claimed it should not be charged as the application for passage which occasioned the petition was faulty – the petitioners failed to specify the purpose of their entry to Gaza and to enclose necessary documents. The Court rejected the army's claim and ruled that the army's retraction of its demand, despite the fact that no correction had been made to the application, indicated that the petition itself motivated the retraction, and thus, the army should be charged with expenses.
The HCJ charged the respondents with expenses in HaMoked's petition to allow a father and son to leave the West Bank without undertaking never to return there, as the army had demanded. After the petition was deleted, following the army's retraction of its demand, the petitioners requested that the respondents be charged with expenses. The army claimed it should not be charged as the application for passage which occasioned the petition was faulty – the petitioners failed to specify the purpose of their entry to Gaza and to enclose necessary documents. The Court rejected the army's claim and ruled that the army's retraction of its demand, despite the fact that no correction had been made to the application, indicated that the petition itself motivated the retraction, and thus, the army should be charged with expenses.
