Xtellus Capital PArtners Inc v DL Invest Group PM SA

Xtellus Capital PArtners Inc v DL Invest Group PM SA

The Defendant was the contracting party to the Mandate; Dominik Leszczyński had ostensible authority to bind the Defendant, or alternatively, the Mandate was ratified by the Defendant through the conduct of its officers. The obligation to pay was triggered when Psary Invest II sp. z o.o. (an SPV within the...

Source-derived case information.

Parties
Claimant: Xtellus Capital Partners Inc; Defendant: DL Invest Group PM S. A.
Jurisdiction
England and Wales
Judgment Date
09 May 2025
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Authority of Agents, Ratification, Interpretation of Contracts, Remuneration Under Mandates
Contract Law Commercial Law Authority of Agents Ratification Interpretation of Contracts Remuneration Under Mandates

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Parties

Xtellus Capital Partners Inc

Claimant

DL Invest Group PM S. A.

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Who was the contracting party to the Mandate?
  2. 2 Did Dominik Leszczyński have authority to bind the Defendant?
  3. 3 Was the Mandate ratified by the Defendant?

Ratio Decidendi

The Defendant was the contracting party to the Mandate; Dominik Leszczyński had ostensible authority to bind the Defendant, or alternatively, the Mandate was ratified by the Defendant through the conduct of its officers. The obligation to pay was triggered when Psary Invest II sp. z o.o. (an SPV within the Defendant's group) completed financing with Macquarie Euro Limited, which falls within the definition of 'Macquarie Capital' under the Mandate. Xtellus performed the required services and is entitled to the success fee.

Court Disposition

Judgment for the Claimant

Orders

  • The Defendant shall pay the Claimant the sum of €1,792,247.93 plus interest.