Arnon Alexander and another (Appellants) v Richard Sobers (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2026/0050

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

(1) Arnon Alexander (2) Grace Noel

Respondent(s)

Richard Sobers

Issue

Did the Court of Appeal of Trinidad and Tobago err when it held that deemed admission of a counterclaim (following failure to file a defence to it on time) amounts to a sanction, from which the defendant to the counterclaim had to seek relief?

Facts

Arnon Alexander and Grace Noel (the Appellants) brought a claim against Richard Sobers (the Respondent) in breach of contract on 12 March 2021. The contract in question was for the construction of a house. On 26 April 2021, the Respondent denied the claim and filed a counterclaim, alleging that the Appellants owed him money for work done on the house. On 10 March 2022, the Respondent sought an order for judgment in default, on the basis that the Appellants had failed to file a defence to the Respondent’s counterclaim. On 23 March 2022, the Appellants filed a defence to the counterclaim, alongside an application for extension of time and/or relief from sanctions in respect of their failure to do so on time. On 24 June 2022, the High Court of Trinidad and Tobago dismissed the Appellants’ application for relief from sanctions, and struck out their defence to the counterclaim. On 18 November 2022, the High Court dismissed the Appellants’ breach of contract claim, and the Respondent’s counterclaim succeeded. The Appellants’ appeal to the Court of Appeal of Trinidad of Tobago was unsuccessful. The Appellants now appeal to the Judicial Committee of the Privy Council

Date of issue

19 June 2026

Case origin

Appeal As of Right

Back to top