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You act for the Defendant in a breach of contract case to be heard in the Brisbane District Court. A Notice of Intention to Defend

You act for the Defendant in a breach of contract case to be heard in the Brisbane District Court. A Notice of Intention to Defend and Defence have been filed and served. In the Defence, the Defendant admits the existence and terms of the contract as alleged by the Plaintiff, but denies that she in fact breached the clause in issue.

Your client has provided you with a bundle of documents:

Your client's signed copy of the contract.

A letter on your file from yourself to the defendant, summarising the statements of

several potential witnesses to the alleged breach.

A character reference obtained from the Defendant's former employer, stating that to

the best of his knowledge the Defendant is an upstanding member of the community, and as such it is unthinkable that the Defendant would have deliberately breached the contract.

An opinion you obtained about the breach of contract from the Business Services Manager at Commonwealth Securities. The report concludes that the economic impact on the plaintiff's business arising from the alleged breach was minimal.

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A document concerning the alleged breach, which also suggests that the defendant has failed to pay personal income tax in the last financial year.

Your client has told you that previously she had a computer disk at home containing information about the alleged breach of contract, and that the information on the disk was extremely damaging to her case. However, she says that 'the disk was taken by my ex-boyfriend when he moved out, and we do not speak'.

Which of the above mentioned documents would you disclose to the Plaintiff and why?

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