Wednesday, May 29, 2013

Australian Court Sets Aside Commercial Ruling of Jewish Religious Court

In Thaler v. Amzalak, (NSW Sup. Ct., May 27, 2013), the Supreme Court of the Australian state of New South Wales set aside an award by a Bet Din (Jewish religious court) in a commercial dispute. The Bet Din had ordered that respondent Benny Amzalak return to petitioner J Thaler $318,000 that Thaler had paid for stock in a company. The stock was never transferred to Thaler. Amzalak, however, argued that he was merely acting as an agent in the transaction for a Mr. Tan. When Amzalak refused to comply with the Bet Din's decisions, two of the 3 rabbis on the Bet Din issued a "Siruv" excommunicating Amzakek until he complied. Amzale appealed the Bet Din's decision to the civil courts.  The Supreme court set aside the award, finding bias and various procedural irregularities in the Bet Din's proceedings. JTA reports on the decision.