Sydney, Australia - Saying that the “requirement for
impartiality was not met,” an Australian Supreme Court Judge has rejected a
ruling handed down by the Beth Din Jewish religious court of Sydney, which
called for an Australian man to pay over $300,000 to an Israeli in a deal
involving the sale of shares in an Australian company.
In issuing her ruling on Monday, New
South Wales Supreme Court Justice Monika Schmidt upheld a motion to dismiss the
ruling filed by the defendant, Benjamin Amzalak, citing “problems with
recording keeping” by the Beth Din court; a “failure” by the plaintiff to
initially make his case; and “misconduct” by the Beth Din in “arbitral
proceedings.”
The Beth Din ruling against Mr. Amzalak was originally
handed down in 2010, after which Amzalak refused to comply while under appeal.
Amzalak’s non-compliance ultimately resulted in a “siruv”
being handed down in late 2010, effectively calling for his excommunication.
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