Lord Templeman:

This appeal arises out of a purchaser's specific performance action. The purchaser is the respondent Jip Hong Trading Co. Pte. Limited. The defendant vendor is the appellant Meng Leong Development Pte. Limited. The action was tried by A.P. Rajah J in the High Court of Singapore. On behalf of the vendor it was submitted at the trial that specific performance could not be granted because the vendor had, since the date of the purchaser's contract, sold the contractual property to a third party who was not before the Court. The learned Judge accepted that submission and awarded damages in lieu of specific performance. The purchaser's contract price was $152,500, the vendor had spent $38,000 on improvements and there was evidence that at the date of the trial the property was worth $488,000. Accordingly, by an order dated 8 September 1981 A.P. Rajah J awarded the purchaser $297,500 damages; he refused a stay of execution. By notice dated 23 September 1981 the vendor gave notice of appeal for the purpose of obtaining a reduction in the damages of $297,500 ordered by the Judge. The purchaser did not give notice of appeal or cross-appeal against the decision of the