Wirrina Cove marina was without fuel on ‘several occasions’, says Government letter to director

A financially embattled marina, which is at the centre of a class action from berth owners, repeatedly ran out of fuel, according to the State Government.

The management of the Wirrina St Vincent is at the centre of a class action by berth owners against its operator.

A financially embattled marina at the centre of a class action from boaties ran out of fuel on “several occasions”, according to correspondence to its director.

The Advertiser has seen a letter sent from the State Government to Marina St Vincent operator Stephen Marks in October raising repeated concerns about the Wirrina Cove business’s finances and lack of fuel.

“The department has been made aware on several occasions that there has not been sufficient fuel available at the marina for public use,” Transport Department portfolio assets team leader Stephanie Harper wrote on October 8.

“On some occasions, no fuel was available, causing distress to bertholders and other users.

“Of concern is that in March and September 2018, there was no fuel available at the marina for government fisheries vessels.”

Mr Marks and his company New Wave Aerospace took over the marina lease in September 2014 under an agreement with the Government.

Mr Marks and NWA are at the centre of a class action filed by berth holders who have alleged in a District Court hearing this week that Mr Marks had “siphoned” their lease fees to associated companies instead of using it for repairs and maintenance.

Stephen Marks outside court during an appearance earlier in the year for an unrelated matter. Picture: AAP/Mike Burton

The court also heard that Mr Marks had personal debts of more than $300,000 and that NWA owed $335,000.

Barrister Alex Lazarevic, acting for the plaintiffs, told the court this week that his clients were concerned their money “seems to be evaporating into a black hole”.

Ms Harper wrote that the department had previously requested audited financial statements from Mr Marks, detailing funds “collected or retained” from berth holders and the “related expenditure” on the operation and maintenance of the lease.

“No documents supporting this have been received by the department,” she said.

She gave Mr Marks 15 days to provide the financial statements and, records of the previous six months relating to fuel deliveries, including dates the fuel was delivered, the amount of fuel delivered and the amount in the tanks “immediately prior” to delivery.

The Advertiser sought clarification from the department to determine if Mr Marks had complied with the 15-day deadline. The Government is yet to respond.

In January, it was reported that the Government would begin dredging the marina after Mr Marks failed to do so under terms of his lease.

The Advertiser understands the cost of the dredging will be $600,000, of which $150,000 will be funded through a bank guarantee.

Yesterday, District Court Judge Patrick O’Sullivan ordered the release of funds from a court-held trust account to enable “urgent” marina repairs.

Mr Marks did not respond to inquires from The Advertiser.