Carpenters Fiji Pte Ltd v Sun Insurance Co Ltd [2025] FJCA 179; ABU050.2025 (10 December 2025)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]

CIVIL APPEAL NO. ABU 050 of 2025
[In the Suva High Court No. HBC 53 of 2025]

BETWEEN:
CARPENTERS FIJI PTE LIMITED a limited liability company having its registered office at 34 Rodwell Road, Suva in the Republic of Fiji.
Appellant

AND:
SUN INSURANCE COMPANY LIMITED a limited liability company duly incorporated under the laws of Fiji having its registered office at Sun Insurance Kaunikuila House, Laucala Bay, Suva, Fiji.
Respondent

Coram: Prematilaka, RJA

Date of filing of: 20 October 2025
Terms of
Settlement & Notice
of Discontinuance

Date of Ruling: 10 December 2025

1. RULING IN CHAMBERS

[1] The appellant has timely appealed the judgment of the High Court^[1] on 02 June 2025. Security for costs has been determined by the Chief Registrar and duly paid by the appellant.

[2] In the meantime, a Notice of Discontinuance signed by the appellant’s solicitors has been lodged on 20 October 2025 with a copy of the Terms of Settlement entered in the High Court between the parties on 29 September 2025. According to the Terms of Settlement, parties have settled the disputes between them on the terms therein.

[3] Thus, the appellant moves to discontinue the appeal. The parties have also agreed to bear their own costs as per the Terms of Settlement.

Orders of the Court:

[1] The application by the appellant to discontinue the appeal is allowed.

[2] Appeal is accordingly dismissed in terms of section 20(1)(h) of the Court of Appeal Act.

[3] No costs.

Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
Patel Sharma Lawyers for the Appellant
Sherani Solicitors for the Respondent

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[1] Sun Insurance Company Ltd v Carpenters Fiji Pte Ltd [2025] FJHC 226; HBC53.2025 (23 April 2025)