The developer relied on Clause 32 of the

agreement, which purported to exempt it if

non-fulfillment of any term was caused by
circumstances beyond its control. The High
Court trial judge held that the 1966 Act and
the 1970 Rules were passed by the
authorities to protect the interests of the
public and the developer could not contract
out of the Rules. The developer's appeal to
the Federal Court was dismissed. To date
there have been no cases where
Developers have been exempted for late
delivery penalties.
Pertubuhan Akitek Malaysia 157