Wirrina marina boaties frustrated by further delays in class-action claim over alleged misuse of funds
A MARINA operator, whose company is at the centre of a million-dollar class action, has claimed he has been the subject of ‘fake news’ and ‘hearsay’ that has caused his family distress.
- April 2017: Boaties launch lawsuit against marina operator
- January 2018: Operator fails to dredge marina, breaching lease
- This week: Operator fails to obey court order to file documents
BOATIES suing a marina operator – whose director claims he has been subject of ‘fake news’ reports — have been dealt another setback in their protracted legal fight.
The District Court on Wednesday delayed for the third time a trial date in a class action brought by Wirrina Cove berth owners against Marina St Vincent operator New Wave Aerospace and its director Stephen Marks.
The boaties are questioning the expenditure of more than $1 million and accusing its owner of using their money for “its own benefit”.
The trial was scheduled for a seven-day hearing beginning on October 8 but Judge Patrick O’Sullivan on Wednesday delayed the trial until next year to give Mr Marks more time to file audited financial statements requested by the plaintiffs.
He told Mr Marks to make sure his accountants put additional resources into producing the requested documents.
“When I set it for trial it will go ahead and it will go ahead before me,” he said.
Judge O’Sullivan said he will set a new trial date at a hearing on September 24, at which time he said he will also decide if Mr Marks can represent his company at trial.
“On current indications I’m not convinced... such an order is warranted,” he said.
He earlier rejected an application by Mr Marks seeking any correspondence between lead plaintiff Trevor Gadd and The Advertiser and State Government.
“There has been quite a bit of false adverts, fake news in The Advertiser, this has been fed from somewhere, certainly not me,” he said.
“The amount of issues it has caused in relation to these hearsay statements being printed has been quite harmful not only to the business but the family.”
The Advertiser has covered various stories involving Mr Marks, a selection of which can be read here, here, here and here.