Lord Oliver of Aylmerton

(delivering the Judgment of the Board): In 1966 there was introduced in West Malaysia a scheme for the protection of purchasers of new houses and for the control and licensing of housing developers. Its provisions are contained in the Housing Developers (Control and Licensing) Act 1966 (Act 118). The Act laid down stringent provisions for licensing developers and in section 24 conferred upon the Minister of Local Government and Housing power to make regulations which might (inter alia) "regulate and prohibit the conditions and terms of any contract between a licensed housing developer, his agent or nominee and his purchaser." That power was exercised by the Housing Developers (Control and Licensing) Rules 1970 which came into force on July 15, 1970. Rule 12(1) provided:

"Every contract of sale shall be in writing and shall contain within its terms and conditions provisions to the following effect, namely …"

There followed a list of twenty-one matters which were required to be contained in the contract, the relevant ones for present purposes being the following:

"(o) Provisions specifying the date of delivery of the vacant possession of the housing accommoda