Swingers Shot During Sex Act Get $3 Million Payout From Cops

The owner of a Melbourne nightclub where heavily armed police stormed into a fancy dress party and shot a couple performing a sex act says she's ready to move on.

Dale Ewins and former girlfriend Zita Sukys were dressed like punk icon Sid Vicious and a naughty schoolgirl at the Inflation nightclub's Saints and Sinners party in July 2017.

Heavily armed police stormed the venue after a patron reported Ewins' had a gun in his pants, and the pair were shot while performing a sex act. The gun was a plastic toy.

Ewins, Sukys and Inflation nightclub owner Martha Tsamis on Wednesday agreed to confidential settlements after their trial against the state of Victoria started on Monday.

The settlement reportedly includes a $3 million payout from police.

Dale Ewins and former girlfriend Zita Sukys were shot at during a swingers party in 2017. Image: Facebook.

Ewins was shot twice in the back, tasered three times, beaten and stomped on, while Sukys was shot in the leg.

Sukys received an apology that she was an "innocent bystander who was injured through no fault of her own in the circumstances of the case".

Tsamis also settled with Victoria Police over the shooting and said she was thrilled with the confidential settlement.

"Sometimes cool heads come together and decide what the success of something can be, and I think maybe cool heads prevailed," she told AAP.

"As far as I'm concerned we've done nothing wrong and we were prepared to fight it all the way."

The pair have won a $3 million payout. Image: Facebook/ Unspeakable Crimes.

Tsamis also recently won a defamation case against Victoria Police over an unrelated incident.

"I'm hoping it's all going to settle down but I just think if you're going to talk to Victoria Police you talk to them in the Supreme Court," she said.

"I'm very happy with the outcome and I just want to get on with my life and run my business."

The trial began on Monday in the Supreme Court but the proceedings were dismissed by both parties on Wednesday after a mediation session on Tuesday.

Victoria Police has not commented on the case, or whether the officers involved were reprimanded.

Ewins was due to give evidence on Tuesday, but the settlement means his version of events will stay secret.