Lawrence Mollenthiel (Respondent) v Meredith Mottley-Haynes (Appellant) (Trinidad and Tobago)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0023

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Meredith Mottley Haynes

Respondent(s)

Lawrence Mollenthiel

Issue

Did the Court of Appeal err in law by refusing to strike out the respondent’s claim on the basis that it was an abuse of process?

Facts

In April 2018, Meredith Mottley Haynes (the appellant) brought a claim against Lawrence Mollenthiel (the respondent), George Alcindor, Rock Properties Ltd and Lorne Theophilus (the “2018 Claim”). Mottley Haynes sought the repayment of TT$8,427,528.45 which she had paid for the purchase of land in St Lucia. The parties settled the 2018 Claim. Under this settlement, Mr Mollenthiel, Mr Alcindor, Rock Properties Ltd and Mr Theophilius agreed to pay Ms Mottley Haynes TT$7,542,300.43. This settlement was subsequently formalised by an order of the court (the “Consent Order”). Mr Mollenthiel, Mr Alcindor, Rock Properties Ltd and Mr Theophilius did not pay the agreed sum by the due date. In December 2018, Ms Mottley Haynes commenced proceedings to enforce the Consent Order. In March 2019, Mr Mollenthiel applied to strike out the 2018 Claim on the grounds that it was an abuse of process. He alleged that the 2018 Claim was a false claim. Mr Mollenthiel also argued that he had not understood the Consent Order as his judgment was impaired by a stroke he suffered in October 2017. In July 2019, the High Court dismissed Mr Mollenthiel’s application to strike out the 2018 Claim. The Court of Appeal upheld the decision of the High Court. In June 2021, Mr Mollenthiel commenced the present action against Ms Mottley Haynes, Mr Alcindor and Rock Properties Ltd. He sought an order rectifying the Consent Order so that the liability to pay the sum owed under the Consent Order rested only on Mr Alcindor and Rock Properties Ltd. In the alternative, he sought an order setting aside the Consent Order and restarting the 2018 Claim. In November 2021, Ms Mottley Haynes applied to strike out Mr Mollenthiel’s action on the ground that it was an abuse of process. The High Court allowed Ms Mottley Haynes application and struck out Mr Mollethiel’s action. The Court of Appeal overturned the decision of the High Court and reinstated Mr Mollenthiel’s action. Ms Mottley Haynes now seeks permission to appeal to the Judicial Committee of the Privy Council.