Where an oral agreement is admitted but its characterisation is disputed, and oral evidence is unreliable, a court may determine the character of the agreement by drawing inferences from contemporaneous documents, objective facts and surrounding circumstances without needing to find the precise words spoken.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.