SHIPWAY & LOCK (Civil Dispute)

The matter involved a civil dispute between Colin and Joan Shipway, trading as Adpro Promotional Products, and Patrick Lock. Adpro sought payment of a debt from Lock. The proceedings resulted in an ex parte decision in favour of Adpro, which Lock sought to have set aside. The primary legal issues were whether the Australian Capital Territory Civil and Administrative Tribunal (ACAT) erred in not providing a phone hook-up, whether the delay in seeking to set aside the ex parte decision was reasonable, and whether the correct respondent was sued. The court found that ACAT had offered a phone hook-up, which Lock declined. The delay in seeking to set aside the decision was unreasonable as Lock had multiple opportunities to participate in the proceedings but failed to do so. Finally, the court found that the correct respondent was sued as Lock was acting in his personal capacity, not as a representative of an Aboriginal corporation. Consequently, the application to set aside the ex parte decision was dismissed, and the original decision was affirmed.