W R Clough & Sons Ltd v Martyn and Others - [1978] 1 NZLR 313

Sale of land — Conditions of sale — Statutory condition that approval of a plan of subdivision subject to dedication of service lane preventing prolongation — Plan of subdivision as approved materially different from subdivision provided for by contract — Statutory condition not fulfilled — Municipal Corporations Act 1954, s 351(3).

Sale of land — One acre of adjoining land as a "prolongation" of purchaser's existing land from a block of six acres to be subdivided by vendor — Council's approval of plan of subdivision subject to dedication of service land preventing prolongation — Plan of subdivision as approved materially different from subdivision provided for by contract — Statutory condition not fulfilled — Municipal Corporations Act 1954, s 351(3).