Lord Russell of Killowen:

This appeal from the Federal Court of Malaysia, arises from an action by the respondents as purchasers against the appellant as vendor for specific performance of a contract dated 11 December 1973 for the sale and purchase of land in the Mukim of Serdang in the district of Bandar Bahru a price of RM1,100 per relong, the total purchase price being some RM75,000.

The action was in its face a normal one for specific performance requiring the vendor (present appellant) to transfer the land to the purchaser in fact Loh Koon Moy, Lam Wai Kee having acted on her behalf. The claim for relief was for specific performance of the agreement and further or alternatively damages for breach of contract - a perfectly usual claim which cannot be taken as indicating equally acceptable to the plaintiff. The vendor put in a defence which raised a number of points on all of which she failed. In the middle of cross-examination of Lam Wai Kee an amendment of the defence was permitted raising yet another plea on which the vendor also failed. Their Lordships do not find it necessary to comment on these failed points, except to remark that, insofar as they raised questions