The Distinction Between Common Law and Statute Law Essay

The Distinction Between Common Law and Statute Law - Essay Example 4. The appeal dealt with three salient aspects – firstly, whether there had been an oral agreement between appellants and respondents to share the costs for the pumping station (b) whether there was a common obligation on the part of appellants and respondents to augment the sewerage supply system and whether the appellant was entitled to reimbursement from the respondent for his contribution (c) whether the trial judge’s order on costs for the counterclaim was to be set aside. 5. The appellants argued about contribution under a common obligation to construct the pumping station, such that respondents were obliged to reimburse Appellants for their share of the cost of the station. 6. The Court rejected the Appellant’s appeal of the District Court decision declaring that contribution under common obligation did not arise and ordered the Appellants to pay respondents their appeal costs. However, where the counterclaim of the Respondents was concerned, the Court dismissed the trial court’s order on costs and ordered respondents to pay Appellant’s costs on the counterclaim. 7. In a civil law case, the burden of proof requires the Plaintiff to produce evidence that will convince the Judge of their entitlement to receive relief. The requirement, in this case, was the evidentiary burden of proof, to support the Plaintiff’s claim for contributory costs. 8. One of the cases that were considered in this Appeal was Cockburn v GIO Finance Ltd (No 2) (2001) 51 NSWLR 624, where the views of Mason P at 631 that the right to contribution depends on matters of substance not form were taken into consideration. (b) The ratio decidendi, in this case, was whether the entitlement to contribution arose out of common obligations or coordinate burdens and obligations created by the Deeds since contribution depends on substance not form. The judges that no such obligation had arisen given the circumstances of the case.