Two people shot by police at a swingers' costume party at a Melbourne nightclub are suing the state of Victoria, arguing there was "no lawful justification" for what they said was assault and battery.
Dale Ewins, 35, and Zita Sukys, 37, launched action in the Victorian Supreme Court two weeks after the shooting at Inflation, on King Street, on July 8.
They were shot by officers about 3:00am after police said they received reports the man was armed with a gun in an upstairs room of the nightclub during what was described as an "erotic fancy ball".
In separate court documents, Mr Ewins and Ms Sukys said they were on a couch at the club when they were surrounded by 10 members of the Critical Incident Response Team.
Documents for Ms Sukys said she was then shot by one or more of the officers.
Mr Ewins alleged he was shot, Tasered, punched in the face, forced to the ground and forcefully handcuffed.
"There was no lawful justification for the assault and battery," the pair said.
Both claimed negligence on behalf of police.
'Gunshot wounds, broken bones among injuries'
They are both claiming general damages, loss of earnings and earnings capacity, special damages and aggravated and exemplary damages.
The owner of the nightclub disputed the police version of events, saying security had informed officers it was only a toy gun, and they had "overreacted".
The shooting is being investigated by the Independent Broad-based Anti-corruption Commission.
Documents for Ms Sukys said she suffered gunshot wounds, injuries to her right wrist and left little finger and a psychiatric injury among others.
Mr Ewins listed gunshot wounds, small bowel perforation, fractures to his left shoulder and pelvis, surgery to his abdomen and psychiatric injury, along with other injuries.
