The Distinction Between Common Law and Statute Law Essay

The Distinction Between Common Law and Statute Law - Essay employment4. The draw in dealt with three salient aspects firstly, whether there had been an oral agreement between appellants and respondents to share the cost for the pumping invest (b) whether there was a common obligation on the part of appellants and respondents to augment the sewerage supply carcass and whether the appellant was entitled to reimbursement from the respondent for his contribution (c) whether the trial judges order on costs for the counterclaim was to be set aside.5. The appellants argued about contribution under a common obligation to ready the pumping station, much(prenominal) that respondents were obliged to reimburse Appellants for their share of the cost of the station.6. The Court rejected the Appellants appeal of the District Court decision declaring that contribution under common obligation did not arise and reproducible the Appellants to pay respondents their appeal costs. However, where t he counterclaim of the Respondents was concerned, the Court dismissed the trial courts order on costs and ordered respondents to pay Appellants costs on the counterclaim.7. In a civilised law case, the burden of proof requires the Plaintiff to produce evidence that will convince the Judge of their entitlement to let relief. The requirement, in this case, was the evidentiary burden of proof, to support the Plaintiffs 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.