Neylon v Dickens [1977] 2 NZLR 35 is an often cited case regarding whether a change to a contract is a waiver or variation.

[1][2][3] The Neylons purchased the Dickens farm, with the sale agreement requiring both parties to get the consent of the High Court within 30 days.

Just before the expiry of the 30 days, Neylon's solicitor realized that as his client lived in far away Haast, they would be unable to get the consent in time.

The vendors claimed that as the expiry date was not met, the sale agreement came to an end.

However, the purchasers later obtained an order from the Court of Appeal for specific performance.