my agent and I want my $120,000 back.” Kyle slammed the door in her face and went back to bed to nurse his hangover. Anna and Kyle have not spoken since, and Anna never received any money from Kyle to repay the loan. That afternoon, 2 April 2005, Anna contacted Sugar Records to inform them that she had sacked Kyle’s company as her agent, and told Sugar that any further payments under the recording contract should be sent directly to her rather than Kyle’s office. As it happened, Anna Dazzle’s popularity had been slowly declining for several months by the time of the party in April 2005. Her record sales continued to slow after that time. Anna received a cheque for $214 from Sugar on 1 May 2005, and another cheque for $17 on 1 June 2005, but has not received one since. As to the property purchase and sale, Anna insists it is none of Kyle’s business. She agrees that she did buy and sell the property mentioned in the Statement of Claim on the dates and for the amounts stipulated, although she is horrified that Kyle knew that information. “What I do with the money I earned from my recording contract has nothing to do with him,” she tells you. “Anyway, he had already taken his commission before I received anything from Sugar Records, so he is just being greedy by wanting a cut of the property sale too.” Anna is content to have as little to do with Kyle as possible. She wants you to defend the claim against her, but does not want to bring proceedings herself against Kyle or his company to recover the amount of the loan. When you mention the possibility of a counterclaim, she instructs you not to make one, but to use every other avenue available to minimise any liability she might have to Kyle’s company. Task : Draw an appropriate pleading on behalf of Anna Dazzle in response to the Statement of Claim. Your pleading should include all appropriate headings and formalities. Page 3 of 3
This is the end of the preview.
access the rest of the document.
Kyle, April 2005, Recording contract, Mr Kyle Holden, Anna Dazzle