Following Western Export Services v Jireh International, evidence of surrounding circumstances is not admissible to assist in the interpretation of a contract unless the court determines the contract is ambiguous or susceptible of more than one meaning. Trial judges should provisionally admit such evidence where a party reasonably contends ambiguity exists. Where a contract for sale of land contains a special condition providing for concurrent settlement 'when' another property is sold, this may create a condition precedent requiring reasonable endeavours for a reasonable time, not a promissory obligation. Damages in lieu of specific performance remain available where the remedy becomes impossible through a mortgagee sale after judgment.
The full text is available to signed-in members, including the 46 later cases that cite this judgment.
3 of the 46 citing cases carry a classified treatment. How each court treated it is available to signed-in members.