a $103,379.71 award against him.

Mr. Peniston was ordered to pay the money to his former partner, Mr. Robert Thomson in May, by the Supreme Court.

The award was for a $88,000 loan plus $15,000 interest that self-made millionaire Mr. Thomson gave to Mr. Peniston to help Bermuda Travel and Shipping, which went broke last year with $1 million in debts.

An appeal was set for Tuesday but neither Mr. Peniston nor his lawyer were present for the hearing.

Representing Mr. Thomson, Mr. Saul Froomkin told the Court of Appeal that there was no appellant or lawyer to appeal the case.

Mr. Froomkin asked that the case be dismissed with costs. He said: "I am concerned that in six months from now he may come along and have it reinstated.'' The Hon. Sir Denys Roberts, President, dismissed the case, awarding costs to Mr. Thomson.