Education of Australia (formerly Takama Holdings) Pty Ltd trading as Wessex College of English & Anor v Commonwealth of Australia [1995] FCA 1191

JUDGMENT No. 119 / 75

COURT OF AUST A ) sncneneeeceense ' 1) seenesesccee STRIC GISTR ) No. NG 275 of 1992 ) GENERAL DIVISION ) BETWEEN: EDUCATION O) US IA (Forme L. HO GS 'Y LIMIT tradin as S COLLEGE ENGLISH AND WESSEX COLLEGE Applicant AND: THE C ALTH OF AUST Respondent 15 FEBRUARY 1995 REASONS FOR JUDGMENT

LOCKHART J.

This is a motion by the Commonwealth of Australia which has been filed in a matter other than the appeal G905 of 1993. By consent I shall treat the motion as if it had been filed in that appeal. The motion seeks the dissolution of order 1 as made by the Court (constituted by myself) by consent on 6 December 1993, provided that the undertaking mentioned therein

continues in force and effect notwithstanding the dissolution

of that order.

The background to the matter is this. There was a dispute between the parties, the Commonwealth of Australia and Education Australia Pty Limited, trading as Wessex College of English and Wessex College. This dispute culminated in the judgment of another judge of the Court, Beaumont J, given on 3

September 1993 for a sum in excess of $2 million. Education

Australia then appealed to a Full Court of this Court and the

parties came to an arrangement embodied in the consent orders

of 6 December 1993. The terms of those consent orders are as follows: 1. Upon the appellant by its director Sudradjat Siswandi

(a)

(b)

giving the undertakings to the Court set out in Schedule A, execution on the judgment entered against the appellant in proceedings no G275 of 1992 on 10 November

1993 be stayed until future order;

Within seven days of the date of this order the appellant provide security for the respondent's costs of this

appeal in the sum of manner set out in Schedule B;

Costs of the motion be costs in the appeal; and

Liberty be granted to either party to restore on two