2 Jun 2010
TADJUDIN SUNNY v. BANK OF AMERICA, NATIONAL ASSOCIATION
- Citation
- TADJUDIN SUNNY v. BANK OF AMERICA, NATIONAL ASSOCIATION
- Court
- Court of Appeal
- Case number
- CACV173/2009
The Court of Appeal held that it was not a plain and obvious case for striking out the pleaded implied terms. Whether an anti-avoidance implied term exists and can be applied in this contract is a fact-sensitive question involving construction of clause 1 and the circumstances of termination; the Employment Ordinance does not ipso facto bar development of such common law terms and the pleaded implied terms may coexist with an express right of termination. Consequently the strike out was set aside and the claim must proceed to trial.