Tobago hotel goes after payment from swim club

A Tobago hotel’s pursuit of a debt owed by an aquatic club hit a snag as it heads to the Court of Appeal to determine whether its claim can be sustained.

The Aquatics Sports Association (ASATT) has appealed a judge’s refusal to strike out the claim by Long Beach Hotel Ltd, trading as Starfish Tobago/Turtle Beach Hotel by Rex Resorts, and grant summary judgment in its favour.

Justice Margaret Mohammed said it would be a “draconian step” to strike out the hotel’s claim because of a name. She allowed the hotel to amend its pleadings.

The ASATT has since appealed the judge’s ruling.

The hotel’s claim surrounds its attempts to get ASATT to repay $290,109.54 still owed for hotel services in 2017. The total for the services it provided was $350,109.54.

Partial payments totalling $60,000 were made in 2018 and 2019.

In 2019, the hotel also rejected an offer of a smaller sum to settle the outstanding balance.

E-mails and invoices were submitted to support the hotel’s claim. The invoices were in the name of Turtle Beach by Rex Resorts, while it said payments should be made to Long Beach Hotel Ltd.

The association contends that the hotel had no claim against it, since it did not deal with Starfish Tobago/Turtle Beach Hotel by Rex Resorts.

However, the hotel’s attorneys countered that Long Beach Hotel Ltd, trading as Starfish Tobago/Turtle Beach Hotel by Rex Resorts, is the legal entity which brought the claim.

In its re-amended statement of case, the named claimant is Long Beach Hotel Ltd trading as Starfish Tobago/Turtle Beach Hotel by Rex Resorts, the judge noted in her reasons.

Long Beach Hotel Ltd, registered in Port of Spain, trades as Starfish Tobago/Turtle Beach by Rex Resorts as a registered hotel under the Hotel Proprietors Act. The pleadings said Starfish Tobago/ Turtle Beach by Rex Resorts is a registered partnership between Long Beach Hotel Ltd and Balliram Ramlakhan, who applied to register Turtle Beach by Rex Resorts as a business.

The judge’s reasons for allowing the hotel’s claim centred around provisions of the Partnership Act. She said there is a partnership between Long Beach Hotel Ltd and Ramlakhan, and the two partners registered the business as Starfish Tobago/Turtle Beach by Rex Resorts.

“Based on those pleaded facts, I am of the view that there is a case for the defendant to answer.

“The business was that of a hotel, and the name of the firm/ the business was Turtle Beach by Rex Resorts, and Turtle Beach by Rex Resorts, during June 2017, provided certain services to the defendant which the latter has not liquidated.”

Stephen Singh and Kendell Alexander represent the hotel. Anthony Manwah represents the ASATT.