Wirrina Cove’ Marina St Vincent operator in last-chance bid to stop eviction
The besieged operator of the Wirrina Cove marina is making a last-ditch fight to avoid eviction, as boaties have to decide on what could be an expensive battle for damages.
SA News
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The besieged operator of the Marina St Vincent is making a late bid to stave off eviction from the facility as boaties face a potentially costly decision in a long-running pursuit for damages.
The Supreme Court will on Tuesday consider whether to grant New Wave Aerospace a temporary stay of execution on an order to evict the company from the Wirrina Cove marina, near Normanville.
If unsuccessful the company, and its director Stephen Marks, will have until Friday to leave the State Government-owned marina, which has been at the centre of protracted legal battle with berth holders.
Seventy-five berth owners have sued NWA alleging the company misappropriated potentially hundreds of thousands of dollars in berth fees they paid for management fees and repairs.
Their separate District Court action has taken another twist as they face having to potentially pay for another trial – this time before an accountant – in their quest for damages.
Judge Patrick O’Sullivan, who ruled last month that NWA had used boaties’ fees to fund related companies and failed to maintain the Wirrina Cove marina, has referred a suite of outstanding issues for adjudication by forensic accountant Hugh McPharlin.
Earlier this month Judge O’Sullivan told the plaintiffs, who the court heard had already paid $150,000 for Mr McPharlin to produce an initial report on the marina’s accounts, they would have to fund another hearing.
“One of the difficulties in adopting Mr McPharlin’s (initial) report as it stands is that he’s qualified a lot of his findings,” Judge O’Sullivan said. “What he needs to do is come to a decision unqualified just on the basis of the evidence he’s got or will get.”
The boaties have challenged many findings in Mr McPharlin’s initial report, which The Advertiser understands has supported many of the outgoings that NWA charged berth holders.
Judge O’Sullivan last month reserved a final judgment in the class action pending a further hearing before McPharlin.
The plaintiffs’ barrister Alex Lazarevich told the court there were questions about the reliability of what Mr Marks had told Mr McPharlin when preparing his initial report.
“Our concern is that we are going to generate a lot of (extra legal) fees but we are still not going to come up with a scientific answer,” he said. “ … your honour has made some findings on propositions which are not inconsistent with what the arbitrator has found anyway.”
Mr Marks said the court should adopt Mr McPharlin’s report in preparing a judgment. But Judge O’Sullivan ordered the matter be remitted to Mr McPharlin.
Lead plaintiff Trevor Gadd told The Advertiser affected berth holders had already spent more than $500,000 on legal fees. He said they were awaiting a quote from Mr McPharlin before making any further decision.