Facts: Aliakbar Haidarzadeh Shirazi (plaintiff) provided funds to Safiollah Youssefi (defendant) for his used car business. Disputes arose over the repayment and terms of these funds, leading to legal action regarding the connection of these funds to a property owned by Youssefi's sons.
Issue: The court needed to determine if there was a genuine issue for trial regarding the misappropriation of funds by Youssefi and whether these could be traced to the property in question, potentially establishing a constructive trust.
Court’s Ruling: The court dismissed the application for summary judgment relating to the plaintiff’s interest in the property, finding genuine issues for trial, particularly on the misappropriation and tracing of funds. The court granted summary judgment on some claims, deeming them as fraudulent conveyances but did not order security for costs against Shirazi.
Costs/Damages Awarded: No specific amount of damages was awarded at this stage as the case was not resolved in full. The court decided that each party should bear their own costs of the application due to the contested nature of the proceedings and procedural complexities.
