Embattled businessman Stephen Marks complies with court order to hand over control of Marina St Vincent to SA Government after failed court battle
The embattled operator of a marina at Wirrina Cove has walked away from the business, complying with a court order to hand control to the State Government.
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An embattled businessman’s reign over a Fleurieu Peninsula marina has finally come to an end but a bitter legal battle with disgruntled boaties continues.
Marina St Vincent manager Stephen Marks on Monday complied with a Supreme Court order to hand control of the Wirrina Cove marina to the State Government after it terminated his lease for failing to pay a $270,000 dredging bill.
Mr Marks, whose company New Wave Aerospace held the 206-berth marina’s head lease since September 2014, had unsuccessfully sought a stay or an injunction preventing the government from taking possession of the marina.
On Monday, Mr Marks, with family and business associates removed boats and possessions from the property and dismantled a security system in compliance with the court order.
The Planning, Transport and Infrastructure Department is now responsible for the marina.
In a letter to berth owners DPTI’s Peter Jackel said a department representative will be stationed at the marina to help berth holders.
Staff and security guards would be on site during the day and night until security was upgraded.
“We continue to review options with respect to the ongoing long term management of the marina and as matters progress will keep you informed,” he wrote.
Yankalilla Council has written to Infrastructure Minister Stephan Knoll expressing its interest in operating the marina.
Seventy-five berthholders have spent more than $500,000 in a separate protracted District Court civil claim alleging Mr Marks’ company had breached underleases by diverting lease fees, and failed to keep the marina in good condition or repair.
Judge Patrick O’Sullivan declared on February 3 that New Wave Aerospace agreed finding the company was in breach of the lease with berth holders, had used marina funds to prop up other entities, had overcharged boaties, and failed to keep the marina in serviceable condition.
But he has remitted outstanding matters in the case for further hearing before a forensic accountant, with the cost of any hearing to be funded by the disgruntled boaties.
Lawyer Peter Pedler, acting for the boaties, this month wrote to accountant Hugh McPharlin seeking an estimate of fees.