The Court of Appeal in Warsaw has validly dismissed a claim for damages against our client for allegedly causing the plaintiff’s debtor to become insolvent. This judgment brings to an end 10 years of dispute.
The plaintiff had lodged a claim for damages against our client of more than PLN 1,000,000 for, among others, causing its debtor to become insolvent. The plaintiff argued that shares in one of the companies were the debtor’s only significant asset, and that the value of these shares was falling as a result of the sale of properties owned by this company. Our client was the purchaser of some of these properties.
The court of first instance agreed with our arguments and dismissed the claim, stating, among others, that the plaintiff had failed to prove intent to harm or its damage. The court noted that the properties, regardless of they being a part of the company’s assets or not, were unsellable due to the another partner’s privileging. The plaintiff on appeal proceeding argued that he also considered his loss to be caused by the fact of a preference of the partner and claimed that the resolution itself establishing that preference was invalid. However, the Court of Appeal in Warsaw dismissed the appeal on the grounds that the plaintiff had failed to prove its loss. At the same time, the court found that the plaintiff’s allegations regarding the preferential treatment of the shares were inadmissible because, in the court’s opinion, they sought to change the factual basis of the claim.
It is worth mentioning that the courts of both instances admitted evidence from a total of 11 expert opinions, both written and oral, in the case. The litigation lasted almost 10 years.
The judgment is final.
In the proceedings the Client was represented by attorney-at-law Konrad Oleszczuk. The project was coordinated by Krzysztof Wrobel – RKKW’s senior partner.
