JUDGMENT

Chang Min Tat J:

This action is for specific performance of an agreement to build and sell a house together with the land on which it is to be built. It is one of several against the developer.

The short facts of the case are this:

Both parties entered into a written agreement of sale. By the terms of the agreement the payments were regulated as follows:

(1) On the execution of the agreement a sum of $5,000;

(2) On the commencement of the foundation a sum of $2,000;

(3) On the commencement of brick-works a sum of $2,000;

(4) On the commencement of roof-works a sum of $2,000;

(5) On the commencement of plastering a sum of $2,000;

(6) On the commencement of painting a sum of $2,000; and

(7) On the commencement of the water and electrical installation a sum of $2,000.

These progress payments added up to $17,000. The total purchase price was $33,000, the balance of $15,000 being payable on the completion of the building.

However, at the relevant time the plaintiff had paid a total sum of $18,500 even though as is alleged in the Statement of Claim, the brick-works had just been commenced and the developer was not entitled at this stage to more than $9,000. If there h