Dr Morteza Rajabieslami v Sam Tariverdi & Ors

Dr Morteza Rajabieslami v Sam Tariverdi & Ors

The Declaration of Trust and Amendment are genuine; the Rug Transaction Documents are forgeries. The shares in Desero (and thus the Vessel) were held on trust for Dr Rajabieslami. The Defendants breached trust by selling the Vessel without his knowledge or consent. Dr Rajabieslami is entitled to equitable compensation for the value of the Vessel and profits made from its use.

Parties
Claimant: Dr Morteza Rajabieslami; Defendant: Mr Sam Tariverdi; Defendant: Melousa Inc; Defendant: Passa Navigation Inc
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Civil Commercial / Final Judgment After Trial; Default Judgment Due to Debarring Order
Outcome
Judgment for the Claimant; Defendants liable for breach of trust and/or knowing assistance.
Legal Topics
Breach of Trust, Beneficial Ownership, Forgery, Equitable Compensation
Trusts Commercial Law Equity Breach of Trust Beneficial Ownership Forgery Equitable Compensation

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Parties

Dr Morteza Rajabieslami

Claimant

Mr Sam Tariverdi

Defendant

Melousa Inc

Defendant

Passa Navigation Inc

Defendant

Procedural Posture

Civil Commercial / Final Judgment After Trial; Default Judgment Due to Debarring Order

Legal Issues

  1. 1 Are the Declaration of Trust and Amendment genuine documents?
  2. 2 Are the Rug Transaction Documents genuine documents?
  3. 3 Were the shares in Desero, and thus the Vessel, held on trust for Dr Rajabieslami?

Ratio Decidendi

The Declaration of Trust and Amendment are genuine; the Rug Transaction Documents are forgeries. The shares in Desero (and thus the Vessel) were held on trust for Dr Rajabieslami. The Defendants breached trust by selling the Vessel without his knowledge or consent. Dr Rajabieslami is entitled to equitable compensation for the value of the Vessel and profits made from its use.

Court Disposition

Judgment for the Claimant; Defendants liable for breach of trust and/or knowing assistance.

Orders

  • Defendants to pay equitable compensation to Dr Rajabieslami for the value of the Vessel as at 9 March 2022 (US$ 7,392,995.20) and profits made from unauthorised use (US$ 4,886,572.95), total US$ 12,279,568.15.