JUDGMENT

1 HIS HONOUR: This is an application to enforce an arbitral award made in China on 12 December 2007 as corrected on 21 December 2007. The principal issue is whether enforcement of the award would be contrary to public policy.

2 The plaintiff is a Chinese national. In April 2002 he applied for a subclass 127 (business owner) visa to allow himself and his family to reside permanently in Australia. He retained the services of the second defendant, Mr Stephen Lee, a registered migration agent. On 27 May 2003 the plaintiff, Mr Yang, was advised by the Australian Consulate in Hong Kong that his application for a permanent entry visa to Australia for himself, his wife and his son had been approved.

3 On 12 January 2004 an agreement was entered into expressed to be between the plaintiff (described as the investor) and the first defendant, S & L Consulting Pty Ltd, (described as the “Consultancy Company”). The agreement was also signed by Mr Lee as guarantor and he assumed personal obligations under it. Clause 10 provided that any dispute arising out of, or relating to, the agreement should be submitted for arbitration to the China International Economic & Trade Arbitration Commission according to that Commission’s arbitration rules. The clause provided that the arbitral award would be final and binding on both parties. It was pursuant to that submission to arbitration that the arbitral award which the plaintiff now seeks to enforce was made.