Wirrina marina operator has lease terminated, government seeks Supreme Court order for possession
After the embattled operator of the Wirrina Cove marina failed to pay an enormous bill, the State Government has launched Supreme Court bid to take back control of the troubled asset.
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- New Wave Aerospace failed to meet ‘specific obligations’ of lease
- Boaties launch lawsuit against marina Wirrina Cove marina operator
The State Government has launched Supreme Court action to take control of the Wirrina Cove marina after terminating the lease of its embattled operator over an outstanding bill.
The government issued a termination notice to Marina St Vincent leaseholder New Wave Aerospace last month for failing to pay $200,000 of an initial $524,000 bill to dredge the publicly-accessible marina.
But the marina management has written to bertholders vowing to fight any attempt to evict it from the Fleurieu Peninsula facility while condemning “resentful” boaties who have sued them over alleged misuse of funds.
The government took action to dredge part of the marina, near Normanville, this year after New Wave Aerospace failed to undertake the work in breach of its lease.
It lodged court action this month seeking an order to take possession of the facility whose operator has been at the centre of a protracted and separate District Court class action filed by berth owners over alleged misuse of their berth fees.
New Wave Aerospace, whose sole director is businessman Stephen Marks, was assigned the headlease of the marina in September 2014.
Mr Marks’ lawyer Kym Ryder told Supreme Court Justice Patricia Kelly last week that a payment plan had been put to the government and that the debt would be “cured” by early January.
He said some berth holders had failed to make payments under their leases and that his client has issued court proceedings to claim the unpaid amounts.
Justice Kelly adjourned the Supreme Court matter to another hearing on January 20.
The Advertiser has sighted an affidavit from Mr Marks, filed last in the District Court matter, in which he stated that the Planning, Transport and Instracture department had advised his company that a further $2.25 million is needed to dredge the marina to a required depth.
DPTI would not confirm or deny the figure, preferring not to comment.
In a December 18 email to berth owners, advising them of the Supreme Court case, the marina said it was their intention to fight the government claims and “continue to operate the head lease”.
“It has also come to my attention that you may have received a note from Mr Peter Pedlar (sic), who acts for a group of resentful berth owners,” the unsigned letter says, in reference to the class action.
“As there is no wrong doing on our part, it is my opinion that NWA will be exonerated from the bitter claims that have been made against NWA.”
District Court Judge Patrick O’Sullivan is yet to hand down his findings in the class action matter which was subject of a lengthy trial in May.
Boaties are seeking an order that New Wave Aerospcae pay back excess charges and pay unspecified damages.
Mr Marks, who represented himself at trial, has denied any wrongdoing.