Marina St Vincent class action ends with ousted director Stephen Marks hit with $10,000 bill

An expensive, lengthy court battle over a Fleurieu Peninsula marina is finally finished – with a former director ordered to yet again cough up cash.

The long-running class action involving 75 boaties of the Marina St Vincent at Wirrina Cove is over.

After four years, thousands of pages of documents, delays and dozens of hearings, a costly marina legal battle has ended with the facility’s ousted boss’ being hit with another bill.

The outcome is of little solace to the lead litigant, who hit out at the State Government over its oversight of the Marina St Vincent at Normanville.

Seventy-five berthowners sued the marina’s former operator New Wave Aerospace for misappropriation of berth fees and breach of lease by failing to maintain the Wirrina Cove property.

A court appointed auditor found the company – controlled by Stephen Lindsay Gordon Marks – had paid $658,166 out of marina accounts to related entities of which Mr Marks had a direct or indirect interest.

In a final hearing on February 19, District Court Judge Patrick O’Sullivan ordered Mr Marks pay the plaintiffs $10,000 in solicitors’ fees related to an earlier hearing over costs.

It comes on top of the $207,000 Judge O’Sullivan ordered Mr Marks reimburse fees the boaties paid for the accountant to examine New Wave Aerospace’s books.

At the end of the hearing berthowners’ lawyer Peter Pedler told Judge O’Sullivan’s assistants that it was the end of the matter.

To which Mr Marks’ lawyer Ron Bellman quipped that The Advertiser would have nothing to report on.

Ron Bellman who has acted sporadically for Stephen Marks.

New Wave Aerospace director Stephen Marks.

Head plaintiff Trevor Gadd told The Advertiser that many of the “ills” with the marina could be traced to the landlord, the Infrastructure and Transport Department.

“We accept we didn’t have a contract with them but with all the publicity in the paper and given countless people writing to them (about conditions) it should’ve set off alarm bells, but they did nothing,” he said. “DIT failed in our view to maintain proper governance of the head lease.”

A State Government-ordered review into the condition of the 209-berth publicly owned marina a year ago recommended at least $4.8m be spent to build a smaller 120-berth marina, arguing the facility could help unlock “potential” along the Fleurieu Peninsula.

The review found it was “unlikely” preventive maintenance had been in place “for some time, or ever …”

Trevor Gadd and his wife Sally Wiadrowski were among 75 berth owners who sued New Wave Aerospace. Picture: Tait SchmaalAL.

Last August the boaties were denied a damages ruling against New Wave Aerospace after Mr Marks put the company into voluntary liquidation one business day before the hearing.

The move immediately froze any legal claim against the company forcing them to seek personal costs against Mr Marks.

Mr Gadd said Mr Marks had failed to pay the initial $207,000.

Mr Marks also avoided having to pay the boaties’ legal fees, which have topped several hundred thousand dollars.