Relevant fact pertaining to the elements of application

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Reference no: EM133809704

Question

Concisely and clearly crafted affidavit into distinct paragraphs that captured each relevant fact pertaining to the elements of the application. Logically set out the client's story in full and expressed it in language and words of the deponent. Included only admissible facts relevant to the issues in dispute and the deponent. Excluded all hearsay evidence, feelings, opinions and conclusions:

On 1 October 2022, I met with Elizabeth and Barry at the premises of EP to discuss producing the Marngrook film. It was agreed verbally that if I produced the film concurrently with other EP projects, it could be marketed as an EP Production. Barry stated that EP would hold the copyright, and if sold, I would receive 35% of the proceeds, to which I agreed. The film's title was settled as "Marngrook: First Peoples' Footy - an EP Production".

Between February and March 2023, I produced the Marngrook film alongside other EP projects, which only underwent minor editing revisions by Barry and Eliza.

On or around June 2023, EP began marketing the film to TV networks.

On 21 August 2023, Barry informed me via email that EP had sold the Marngrook film rights to a television network for $500,000, expecting payment by 31 August 2023. He affirmed EP's commitment to pay me 35% of the sale proceeds. I attach a copy of this email.

On 1 September 2023, Barry called to say that the $500,000 received was used to settle EP's tax debt. He assured me that my share would be paid by 30 November 2023 with some instalments before that. I received $10,000 each on 1 October and 1 November, and $5,000 on 1 December 2023, leaving $150,000 outstanding.

In the second week of December 2023, I attempted to reach both Barry and Eliza through calls and emails, all of which went unanswered. Upon contacting EP's accountant, Eric Colville, I learned they were on an extended European trip with limited email access. Due to the unfulfilled financial arrangements and lack of communication, I am prepared to initiate.

Reference no: EM133809704

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