7 the plaintiff deducted the sum of 75000 from the

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defendant’s album sold in excess of 50,000 copies. 7. The plaintiff deducted the sum of $75,000 from the fee paid to the plaintiff as the defendant’s agent by Sugar on 5 September 2004, being 15% of the total payment under the recording contract, as provided for in the agreement, and remitted the balance to the defendant. 8. On 1 April 2005, Sugar announced that the defendant’s album, ‘Smells Bland’, had sold 50,000 copies. Page 1 of 3
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9. On 3 April 2005, the plaintiff was informed by Sugar that the defendant had instructed Sugar to make all further payments pursuant to the recording contract directly to her, rather than to the plaintiff. 10. The defendant has received since 3 April 2005, and continues to receive, payments from Sugar pursuant to the recording contract. 11. The defendant purchased a property at 400 Beddoe Street, Clayton, in the State of Victoria (‘the property’) on 6 May 2005 with the moneys received from Sugar pursuant to the recording contract. 12. On 25 August 2007, the defendant sold the property for a profit of $160,000. 13. In breach of the agreement, the defendant has not made any payment to the plaintiff representing an agent’s commission for the moneys received from the transactions referred to in paragraphs 10 and 12 above. *** The Statement of Claim then went on to claim damages of an unspecified amount. Anna Dazzle’s instructions to you are that she did indeed meet with Kyle Holden, whom she described as “sleazy and weird”, at the Big Kahuna café on 26 June 2004. He said he would make her a star, and she agreed on the spot that he could be her agent. She could not recollect the discussion entirely, but she thought the agreed 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.
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