application by appellant seeking an order that the respondent resubmit their written submissions in pending appeal of decision of Norfolk Island Court of Petty Sessions
application dismissed
costs ordered
Quick Take
1A party to an appeal cannot dictate the content of its opponent's written submissions, and there is no basis to compel a respondent to resubmit submissions addressing matters the appellant considers should be covered.
2On an appeal from the Court of Petty Sessions, the appellant bears the onus of establishing error in the judgment below. A respondent council does not bear an onus on appeal of establishing the validity of the legislation on which it relied to levy rates and charges. An appellant who contends that there was no valid legal basis for the levy must establish that contention himself.
3Where an application to compel resubmission of submissions lacks any proper basis, an argument that compliance would have been cheaper than resisting the application does not displace the ordinary rule that costs follow the event.
