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Petroleum Products Supplies Ltd v Durst [2008] WSCA 5; CA 09 of 2007 (17 September 2008)

IN THE COURT OF APPEAL OF SAMOA
HELD AT APIA

CA 09/07

BETWEEN:

PETROLEUM PRODUCTS SUPPLIES LIMITED
a duly incorporated company carrying on business at Sogi
Appellant

AND:

CHRISTIAN DURST and BARBARA DURST
of Ululoloa, Restaurateurs
Respondents

Coram: The Honourable Chief Justice
The Honourable Justice Baragwanath
The Honourable Justice Fisher

Hearing: 16 & 17 September 2008

Counsel: P. Chang and L Su’a for Appellant
TRS Toailoa for Respondent

Judgment: 17 September 2008

ORAL JUDGMENT OF THE COURT

1. The parties have indicated to the court that the settlement terms are that the appellant paid to the respondent $130,000 in full and final settlement of all matters. However we make it clear that this is not a Tomlin order and that there is no stay of the appeal by consent.
   

The appeal and cross appeal are now dismissed by consent

Honourable Chief Justice
Honourable Justice Baragwanath
Honourable Justice Fisher