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Field v Tibbs




LTL 20/6/2000 (unreported elsewhere) 2000-06-20

Where the principal issue in an action was whether the claimant lender and the defendant borrower in a family transaction had orally agreed on the right of the lender to appropriate payments by the borrower in a family transaction had orally agreed on the right of the lender to appropriate payments by the borrower in a particular manner, it was incumbent upon the judge to form a view as to the credibility of each of the parties rather than relying on documentary evidence that, on a true analysis, was of little, if any, probative value.