Catchwords:

APPEALS — issue not argued below — conduct of trial — enforceability of agreement — offer and acceptance and intention to create legal relations only issues of contractual formation raised below — alleged absence of consideration raised on appeal — principles against allowing new points to be run on appeal — question of construction with factual aspects — possibility of further evidence below — additional possibility of alternative claim being pursued if the point had been raised — inimical to administration of justice — argument not entertained

CONTRACTS — formation — consideration —

forbearance to sue — respondent previously sued as guarantor for appellant under Chinese loan agreement — appellant agreed to pay respondent for judgment debts incurred in Chinese litigation — right to commence legal proceedings if payment not made — appellant fails to pay — respondent sues under agreement — whether forbearance to sue on proper construction of agreement — unnecessary to decide