Wirrina Cove marina operator Marina St Vincent faces eviction after Supreme Court ruling that lease termination was valid
The operator of Wirrina Cover marina – who a court found misused berth fees – is facing imminent eviction.
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A marina operator found to have misappropriated berth fees is facing imminent eviction after the state’s highest court supported a bid to terminate the company’s lease.
Marina St Vincent berth owners say they feel “vindicated” after Supreme Court Justice Trish Kelly on Thursday ruled the State Government had “lawful basis” to end the lease of marina operator New Wave Aerospace.
The Government terminated the company’s head lease in November over its failure to pay a $276,000 dredging bill. It launched court action, seeking possession of the Wirrina Cove marina, near Normanville.
Sarah Mitchell, acting for the Crown Solicitor’s office, told the court that New Wave Aerospace had “always been in a position” to obtain money from berth holders to undertake dredging as per its lease.
“However, based upon findings in the District Court, the defendant has in fact misappropriated those funds and is therefore now not in a position to pay,” she said.
More than 60 berthowners, some who were in court for the Supreme Court hearing, launched a class action nearly three years ago accusing New Wave Aerospace and its director Stephen Marks of misusing their lease fees.
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 was in breach of its lease.
Peter Pedler, acting for the berthowners in the class action, argued in the Supreme Court on Thursday in support of the Government’s application for possession of the marina.
Mr Marks, representing the company, disputed in court that the Government was entitled to terminate the lease, arguing that DPTI had mismanaged the dredging process.
Justice Kelly said Mr Mark’s argument was “irrelevant” to the proceedings.
Ms Mitchell told Justice Kelly her client would seek orders that New Wave Aerospace vacate the marina within seven days. A chamber hearing on those orders is set for Friday.
Berthowner Trevor Gadd, who is a lead plaintiff in the District Court, said he was “delighted with the outcome”.
“The next thing is what happens to our berths at the marina, there were many claims that DPTI were grossly negligent in not maintaining their obligations under the head lease, that’s a real concern of us.
“We have to wait and see what DPTI are going to do about their asset.”
His wife Sally Wiadrowski said it was “great to be vindicated at this point in time”.
“That’s the biggest joy,” she said.
Mr Marks said he would appeal Justice Kelly’s ruling.
The District Court dispute returns to court on Friday for argument on costs.