Kesser Torah College (KTC) is suing the spiritual leader of Yeshiva in NSW.
KTC has initiated legal action against Rabbi Pinchus Feldman, as well as his wife Rebbetzin Pnina Feldman and their son Rabbi Yossi Feldman, president of the Rabbinic Council of NSW.
When current KTC president Meir Moss and his board took control of the school from Yeshiva in 2003, the school’s property in Dover Heights was sold to Blake Napier Limited.
The AJN understands that Rabbi Pinchus Feldman agreed not to be directly, or indirectly, involved in the creation of an opposing school for 18 months and in the same agreement, Blake Napier Limited, which has five directors including Moss, agreed to pay a $500,000 tax bill.
“It is KTC’s view that Rabbi Pinchus Feldman has breached his restraint by the opening of what has become Yeshiva College [Cheder Chabad] during this 18-month period, causing KTC to suffer financial loss,” a letter sent to KTC parents last week said.
The letter said the school has taken legal action to account for the loss and it is “in response to the legal action commenced by members of the Feldman family”.
“We believe we need to act in the interests of the school to protect the school’s rights and its freedoms,” it said.
Lawyer for the Feldmans, David Austin told The AJN that Rabbi Pinchus Feldman had not been involved with Cheder Chabad during the 18 month period.
The Feldmans initiated legal action earlier this year against Blake Napier Limited to recover $500,000 for the tax bill.
In the Supreme Court last Friday, Justice David Hammerschlag set down a directions hearing for the KTC claim on June 3.
The Feldmans’ legal team will be back at the Supreme Court on May 19, however, where they will seek an application for summary judgement in relation to the tax claim.
An application for summary judgement has been lodged because the Feldmans’ legal team believes that Blake Napier has no real prospect of successfully defending part, or all, of the case.
If the application for summary judgement is unsuccessful, then the tax case will be heard with the KTC case on June 3.
Yeshiva’s spiritual leader, Rabbi Pinchus Feldman