Marina St Vincent operator Stephen Marks evicted after Supreme Court ruling denies injunction
The embattled operator of a regional marina will finally be evicted from the facility – but his lawyer has flagged another challenge.
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The embattled operator of a regional marina will finally be evicted from the facility.
The Supreme Court has ordered Marina St Vincent operator Stephen Marks and his company New Wave Aerospace to leave the Wirrina Cove marina by 5pm this Friday.
Justice David Lovell on Tuesday rejected Mr Marks’ bid for an injunction to stop the State Government from taking possession of the 210-berth marina near Normanville over an unpaid $270,000 dredging bill.
Mr Marks’ sought a stay of execution before Justice Lovell after Supreme Court Justice Trish Kelly ruled last month that the Government had “lawful basis” to terminate the lease.
His failure to secure an injunction does not prevent Mr Marks lodging an appeal against Justice Kelly’s ruling.
Mr Marks’ lawyer Ron Bellman indicated to Justice Lovell that his client intends to appeal.
The Government, through the Planning and Infrastructure Department, terminated the marina’s lease in November and launched Supreme Court action seeking formal possession.
The termination of the lease has created an uncertain future for berth owners, including 75 who sued NWA and Mr Marks accusing them of misappropriating their lease fees and failing to maintain the marina “in serviceable condition”.
District Court Judge Patrick O’Sullivan found last month that the company had used marina funds to prop up other entities, had overcharged boaties, and failed to repair the marina, in breach of leases.
A final judgment in the District Court matter is on hold pending the boaties paying for a further hearing into the matter.
Yankalilla Council this week voted to lodge a formal expression of interest with Infrastructure Minister Stephan Knoll to potentially take over operation of the marina.