b. John is a judge of the Supreme Court of NSW. He is sitting on a case where there is an issue about whether a contract had to be in writing to be legally enforceable. The barrister for the plaintiff has cited a case in the District Court of NSW on very similar facts which found for the plaintiff. The barrister for the defendant has argued a case in the High Court, on different facts, where two judges expressed an opinion that if the facts in John's case applied, they would find for the defendant.

i. Are comments made by the High Court which are not considered a 'Ratio' ever 'authoritative'?

ii. Which precedents must John follow? ( Binding or Persuasive why ? )