The moving corporate defendant sought summary judgment dismissing claims arising from a US$1 million investment loan advanced through a convertible debenture for a solar energy project.
The plaintiff alleged the individual defendant acted as agent for the corporate defendant and that the corporation was liable for breach of contract, unjust enrichment, conspiracy, and conversion.
The court held that the evidentiary record was incomplete, particularly due to the absence of evidence from key individuals alleged to have negotiated the transaction.
Given unresolved issues concerning agency, corporate identification, and the ultimate destination of the funds, the court concluded that genuine issues requiring a trial remained.
Summary judgment was therefore refused.