28 Oct 2008
SUNNY TADJUDIN v. BANK OF AMERICA, NATIONAL ASSOCIATION
- Citation
- SUNNY TADJUDIN v. BANK OF AMERICA, NATIONAL ASSOCIATION
- Court
- Court of First Instance
- Case number
- HCA322/2008
The Court struck out the pleaded implied terms and the discrimination pleading because (1) the alleged discriminatory acts fall within the exclusive jurisdiction of the District Court under the SDO and therefore the Court of First Instance had no jurisdiction to hear that part, and (2) an implied term cannot be used to contradict the Contract's express and unrestricted power to terminate without cause, so the pleaded anti-avoidance and bonus-related implied duties are not legally sustainable; accordingly Paragraphs 5(1)–5(4) were struck out and the claim dismissed.