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In any event she insists that it was understood that

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commission was 10% rather than 15%. In any event, she insists that it was understood that Kyle’s company would only be entitled to a commission in respect of the money she earned from singing work which he arranged. Anna tells you that Kyle arranged a singing performance for her at Fountain Gate shopping centre on 10 July 2004 as part of the centre’s school holiday program. She received $85 from Kyle for that performance, which was the balance of the fee after he deducted his commission. An executive from Sugar Records had spotted Anna’s performance at Fountain Gate and thought that she would be a perfect addition to his company’s stable. The executive approached Kyle Holden as Anna’s agent to discuss a contract. Anna agrees that she was asked to sign a written contract on 5 September 2004, but she did not read it and does not know what it said. She also agrees that she received a cheque for $425,000 from Kyle on the same day. Anna tells you that she never paid Kyle any money apart from the amounts he deducted from her pay for the Fountain Gate gig and the record deal, because he never booked another performance or did anything at all for her other than negotiate the contract with Sugar Records. She believes she fulfilled her obligations under the agreement with Kyle. Anna tells you that she and Kyle attended a party on 1 April 2005 thrown by Sugar Records to celebrate 50,000 sales of Smells Bland . The week before the party, Anna says she lent $120,000 to Kyle so that he could buy a red Ferrari in the company’s Page 2 of 3
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name, in which to arrive at the party so as to project the right image. The loan was never recorded in writing. Anna tells you that Kyle became very drunk at the party, and that she became very upset, and stayed away from him as much as possible. The following day, Anna went to Kyle’s house and demanded that he apologise for his behaviour at the party. When he refused, Anna said: “Fine, then you are sacked as my agent and I want my $120,000 back.” Kyle slammed the door in her face and went
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In any event she insists that it was understood that Kyles...

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