In the Supreme Court of Israel, JerusalemCivil Appeal 5532/93

Dr. David Gunsburg Applicant


1. Elana Gayle Greenwald
> Respondents
2. Dr. Alan Greenwald


Applicant’s request for relief under the Hague Abduction
Convention was dismissed by the Jerusalem District Court.

Applicant appealed to the Supreme Court and was granted exemption
from security for costs and from court fees, which the
respondents contested.

The Registrar of the Supreme Court ruled that under the
provisions of the Hague Convention, granting of exemption both
from security and from payment of fees on an appeal was
mandatory. He relied on Articles 22 and 26 of the Convention, and
held that Article 22, prohibiting the taking of a security, bond
or deposit to guarantee payment of costs and expenses, was wide
enough to cover appeal proceedings on dismissal of a Hague
application. With regard to court fees on appeal, the Registrar
turned down the respondents’ contention that since the lower
court had dismissed the Hague application, the appeal was no
longer concerned with a Hague proceeding and therefore no
exemption should be granted, holding that “the nature of a
proceeding is not determined by its outcome”, and that since the
proceeding in the lower court was brought under the Hague
Convention, the appeal was also a Hague proceeding.

The Registrar went on to say that exemption from court fees –
including those of the appeal court is laid down by Article 26 of
the Convention, the only exception to that exemption being
attorney’s fees not covered by the legal aid system by virtue of
the reservation entered by Israel under that Article.

Decision given on the 18th November, 1993.