Buxton v The Birches Time Share Resort Ltd - [1991] 2 NZLR 641

Contract — Options — Enforcement of contract — Option to purchase time share week — Agreement for sale and purchase — Failure to complete — Action for specific performance — Claim of misrepresentation — Allegation that resort not to proceed as indicated — Explanation of future development before contract signed — Whether Master's decree as to specific performance stands.

Practice and procedure — Summary judgment — Ground of opposition first raised in Court of Appeal — Whether new ground should be admitted — High Court Rules, RR 141 and 244.