Pleadings Dazzle Defence

4 she denies paragraph 4 and says further that the

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4. She denies paragraph 4 and says further that the agreement was lawfully terminated by the defendant on 2 April 2005. 5. She admits paragraph 5.
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6. She admits paragraph 6. 7. Save that she admits receipt of a cheque for $425,000 from the plaintiff on 5 September 2004, she does not admit the allegations in paragraph 7. 8. She admits paragraph 8. 9. She admits paragraph 9. [Also open to not admit, as the allegation is beyond defendant’s knowledge.] 10. She admits receiving two payments from Sugar since 3 April 2005, namely payment of $214 on 1 May 2005 and $17 on 1 June 2005, but otherwise denies the allegations in paragraph 10. 11. She admits paragraph 11. 12. She admits paragraph 12. 13. She refers to paragraphs 4 and 10 above and denies the allegations in paragraph 13. [Also open to admit no payments but plead no breach.] 14. Further, on or about 25 March 2005, the defendant entered into an agreement with the plaintiff to loan the sum of $120,000 to the plaintiff for the purchase of a Ferrari motor car (the ‘loan agreement’). Particulars The agreement was partly oral and partly implied. In so far as it was oral, it was constituted by a conversation between the defendant and Mr Kyle Holden on behalf of the plaintiff on or about 25 March 2005.
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  • Fall '09
  • Debt, Pleading, Melbourne, Mr Kyle Holden

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