On October 28 this year, the Supreme Court upheld a cassation appeal brought by attorneys from WKB and Drania i Partnerzy against the judgment of the Court of Appeal in Gdańsk in the dispute between Gdansk Lech Walesa Airport and Millennium Bank SA and the trustee of Hydrobudowa SA (value in dispute approx. PLN 30 million). The Supreme Court overturned the unfavourable judgment of the Court of Appeal for the defendant represented by WKB and referred the case to the court for reconsideration.
In the case under examination, there are many complex legal issues related to the operation of consortia in trade and settlements between the contracting authority and the members of the consortium, i.e., inter alia: the problem of the structure of the consortium and the relationship of the consortium and its members with the contracting authority; the problem of qualifying contracts referred to as mixed; issues of divisibility and indivisibility of benefits; the issue of the possibility of withdrawing from part of the contract; issues of contract interpretation; the issue of the active legal capacity of the receiver; the problem of the possibility of deducting claims in bankruptcy proceedings.
The cassation appeal was prepared by: Tomasz Kwieciński, Anita Garnuszek, Wiktor Iwański (litigation team), Andrzej Wierciński and Klaudia Frątczak-Kospin (restructuring and bankruptcy team) as well as Karolina Kucel from the law firm Drania and Partners. Case file no. IV CSKP 48/21.
This is yet another favourable judgment issued recently by the Supreme Court for a WKB client.
On June 29 2021, the Supreme Court, as a result of a cassation appeal lodged by the litigation team, quashed the judgment of the Court of Appeal in Szczecin, referring the case to that court for reconsideration. The dispute pending before the Supreme Court also concerned settlements between the contracting authority represented by WKB, i.e. Zakład Unieszkodliwiania Odpadów Sp. z o.o. and the contractor. Detailed legal issues related to the execution by the WKB client of a bank guarantee granted at the contractor’s request. The value of the dispute was almost PLN 35 million. A team consisting of: Tomasz Kwieciński, Anita Garnuszek, and Wiktor Iwański worked on the cassation appeal. Casefile no. II CSKP 8/21.
In turn, in the judgment of the Supreme Court of 30 March 2021 (case file no. II CSKP 19/21), the Supreme Court dismissed the cassation appeal of our client’s opponent. In this case, we represented one of the leading Polish insurers who refused to pay insurance compensation related to an event involving theft of funds carried by a security services company. Jakub Pokrzywniak and Tomasz Kwieciński represented the client in the cassation proceedings.