Daily Case Law
Monday, October 5, 2026 · 12 decisions worth your morning coffee
Israel

Neve Ilan v. Nekar — Supreme Court refused to stay enforcement of a commercial-development judgment pending appeal

Supreme Court of Israel · גילה כנפי-שטייניץ (Judicial Selection Committee, chaired by Justice Minister Gideon Sa'ar, 2022) · 2026-10-04breach of contract

Background: In 2018, Nekar Jerusalem Corridor Ltd. and the Neve Ilan cooperative entered into agreements centered on jointly developing a commercial project on the cooperative’s land. After their relationship deteriorated, Nekar sued to enforce the development agreement. Neve Ilan denied breaching it and argued, among other things, that enforcement would be unjust under section 3(4) of…

Held: Justice Gila Canfy-Steinitz denied leave to appeal. The Court reiterated that filing an appeal does not itself suspend enforcement: an applicant must show both good prospects of success and that the balance of convenience favors a stay, with greater weight generally given to the latter consideration.

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Australia

Binah Constructions — NSW Supreme Court set aside statutory demand because offsetting claims exceeded the debt

Supreme Court of New South Wales · Scott Nixon (Margaret Beazley AC KC, Governor of New South Wales, 2023) · 2026-10-02breach of contractcivil procedureinsolvency

Background: Sunnice Pty Ltd engaged Binah Constructions Pty Ltd to design and construct 354 residential apartments in Rouse Hill, New South Wales. After payment disputes and several adjudications under the Building and Construction Industry Security of Payment Act 1999 (NSW), the parties executed an October 2025 deed varying their contract and providing for a settlement sum.…

Held: Nixon J rejected Binah’s argument. Sunnice was not disputing the adjudicated debt; it accepted that the debt remained due and payable. Its liquidated-damages and restitution claims instead asserted countervailing liabilities and therefore could qualify as offsetting claims under s 459H.

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France

Al-Kharafi v. Libyan Investment Authority — Court upheld release of frozen Libyan assets from attachment

Court of Cassation (France) — Second Civil Chamber · 2026-10-01sanctions

Background: Mohamed Abdel Moshen Al-Kharafi et fils obtained a March 22, 2013 arbitral award requiring Libya to pay it money. After the award was declared enforceable in France and the enforcement order was served on Libya, Al-Kharafi attached funds held at Société Générale in the name of the Libyan Investment Authority (LIA), a separate Libyan legal…

Held: The Court of Cassation dismissed the appeal. It held that although an attachment directed against a foreign state and reaching property held by an alleged state emanation must be notified to the state debtor, such notice does not start the LIA's one-month period for challenging the attachment. Because the LIA is a legally distinct entity, preservation of its right to…

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Georgia

Bradley v. State — Georgia Court of Appeals affirmed child-sex-abuse convictions and rejected confrontation, jury-charge, and merger claims

Court of Appeals of Georgia · Barnes, P. J.; Markle, J.; Hodges, J. · 2026-10-02criminal

Background: A jury found Michael Bradley guilty of incest, rape, sodomy, aggravated sodomy, first-degree cruelty to children, and two counts of aggravated child molestation involving his 12-year-old stepdaughter, L. G. The evidence showed that Bradley repeatedly forced L. G. to engage in sexual acts, threatened or confined her when she refused, instructed her to remain silent,…

Held: The Court of Appeals affirmed. It held that the evidence was sufficient for the jury to find first-degree cruelty to children because the forced pregnancy and childbirth caused L. G. cruel or excessive physical and mental pain, including fear, pain, shaking, difficulty walking, and continued bleeding. Bradley’s conduct before and after the assaults—including confining her, demanding secrecy, providing an apparent…

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Louisiana

Baker v. Lowe — Vacated a nonparent-visitation judgment for lack of adequate notice

Louisiana Court of Appeal, First Circuit · Balfour, J. · 2026-10-02civil procedure

Background: Jeremy Baker and Krystle Lowe were formerly in a relationship but never married. Lowe conceived through assisted reproductive technology using donated genetic material and gave birth to a child in 2022. Both parties signed a voluntary acknowledgment of paternity. After their relationship ended, Baker obtained interim visitation in an East Feliciana Parish custody proceeding, but…

Held: The Court of Appeal vacated the visitation judgment because Lowe did not receive adequate notice that Baker’s article 133 custody claim would be tried at the December 9, 2025 hearing. The notices and prior proceedings indicated that the scheduled matter was the expedited hearing associated with the ex parte custody order, not a trial on the merits of Baker’s ordinary…

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Florida

Rosado — Third District affirmed without a written factual analysis

Florida Third District Court of Appeal · Logue; Miller; Rebull · 2026-10-01civil procedure

Background: Jose Luis Rosado, representing himself, appealed from the County Court for Miami-Dade County. The appealed matter was before County Judge Michael Barket.

Held: The Third District Court of Appeal affirmed the county court’s decision in a per curiam opinion.

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Israel

Freshmarket Ltd. v. Mazor — Supreme Court canceled a NIS 120,000 payment to the class-action fund

Supreme Court of Israel · עופר גרוסקופף (Israeli Judicial Selection Committee, 2018) · 2026-10-04civil procedure

Background: Hava Mazor applied to certify a class action against Freshmarket Ltd., alleging that the supermarket chain violated consumer-protection law by failing to display prices for tobacco products. She sought an order requiring price publication, compensation for nonpecuniary harm, and reimbursement of certain alleged price differences. Freshmarket maintained that openly displaying tobacco prices was prohibited by…

Held: The Supreme Court unanimously allowed the appeal and canceled the NIS 120,000 payment. It reasoned that payments to the statutory fund are not charitable donations; they compensate the public for a defendant’s improper conduct. Here, the District Court had rejected all claims in the certification application, found that the application was “destined to fail from the outset,” and concluded that…

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Australia

State of New South Wales v KW — Court imposes one-year supervision order for high-risk sex offender

Supreme Court of New South Wales · Richardson J (Margaret Beazley AC KC (NSW), on the advice of Attorney General Michael Daley, 2026) · 2026-10-02employment

Background: The State sought a further two-year extended supervision order (ESO) for KW under the Crimes (High Risk Offenders) Act 2006 (NSW), following the expiry of his previous three-year ESO in July 2026. KW had been convicted of serious sexual offences, including index offences involving a 14-year-old girl. He had remained in the community without a…

Held: Richardson J held, to the requisite high degree of probability, that KW posed an unacceptable risk of committing a further serious sexual offence if not kept under supervision. The Court placed particular weight on his absence of targeted sexual intervention, his continuing description to one expert of sexual activity involving a 13- or 14-year-old as a “grey” area, and evidence…

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France

V. I. — Court voids a juvenile’s exceptional pretrial-detention extension and orders release under judicial supervision

Court of Cassation (France) — Criminal Chamber · 2026-09-30constitutionalcriminal

Background: V. I., who was at least 16 years old, was committed for trial before a juvenile assize court on an assassination charge. On March 6, 2026, the prosecutor general applied for an exceptional extension of his pretrial detention.

Held: The Court of Cassation quashed the extension order in full without remand. Because the investigating chamber acted on July 1—the effective date of repeal—and no replacement statute was then in force, its decision lacked a legal basis. The Constitutional Council’s protection of measures taken before the repeal date did not preserve the July 1 order.

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Georgia

Fidler v. AIKG — Spoliation and summary-judgment rulings vacated; contract-counterclaim ruling partly affirmed and partly vacated

Court of Appeals of Georgia · Dillard, P. J. (Sonny Perdue, 2010); Gobeil, J. (Nathan Deal, 2018); Pipkin, J. (Brian Kemp, 2020) · 2026-09-29breach of contractcivil procedure

Background: Slade Fidler alleged that he was injured at an Andretti Indoor Karting and Games facility when a track attendant turned off his go-kart, causing it to stop and be struck by another kart. Before filing suit, his attorney sent AIKG a letter advising that an incident had caused Fidler injuries and requesting preservation of extensive…

Held: The Court of Appeals vacated the denial of Fidler’s spoliation motion. The trial court found that the preservation letter gave AIKG actual notice of contemplated litigation but nevertheless held that no preservation duty arose because the letter was overbroad, vague, and insufficiently specific. The appellate court held that this reasoning applied a nonexistent legal standard. Under Georgia law, the duty…

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Florida

Halegua v. Lerner — Third DCA affirmed without a written opinion

Florida Third District Court of Appeal · Fernandez; Gordo; Rebull · 2026-10-01civil procedure

Background: Ino Halegua and others appealed, and Victor Lerner and others cross-appealed, from proceedings in the Circuit Court for Miami-Dade County before Judge Ariana Fajardo Orshan. The consolidated appeals arose from lower-tribunal case number 10-30306-CA-01.

Held: The Third District Court of Appeal affirmed the circuit court in a per curiam decision. The opinion supplies no reasoning and announces no rule of law.

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Israel

The Democrats Party v. Otzma Yehudit — Supreme Court rejects election-disqualification petition on procedural grounds

Supreme Court of Israel · עופר גרוסקופף (Reuven Rivlin, upon selection by the Judicial Selection Committee, 2018) · 2026-10-04civil procedureconstitutional

Background: The petitioners sought to bar the Otzma Yehudit candidate list from participating in elections for the 26th Knesset. Alternatively, they sought to disqualify outgoing National Security Minister Itamar Ben-Gvir and outgoing Knesset member Tally Gotliv individually. They alleged that the grounds in Section 7A of Basic Law: The Knesset were satisfied, specifically denial of Israel’s…

Held: The Supreme Court unanimously dismissed both parts of the petition without reaching the merits of the asserted Section 7A grounds. It explained that ordinary legislation cannot restrict the High Court’s jurisdiction under Basic Law: The Judiciary, but the statutory election-review scheme imposes an additional burden on litigants who bypass the prescribed appeal route. The petitioners failed to demonstrate a justification…

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Full analyses at Case Law Wire. Summaries are AI-generated and are not legal advice.