The former operator of Redcliffe Marina, once known as Compass Marina, has lost its appeal and been ordered to pay more than $9 million in unpaid rent and interest.
The Court of Appeal dismissed an appeal by Compass Marinas Australia and its sole director Peter Victor Francis Harburg on December 23.
The decision ends protracted legal action which culminated in Compass closing the 50-berth marina in early 2020, leaving many people living on boats berthed there high and dry.
The state Transport and Main Roads department had previously succeeded in a Supreme Court action to recover the outstanding rent which Compass failed to pay under the lease, despite continuing to collect berthing fees from boaties occupying the marina.
Maritime Safety Queensland acting general manager Andrew Mahon says the Court of Appeal decision to dismiss Compass’s appeal now paves the way for the State Government to collect more than $9 million in unpaid rent and interest.
“Overcoming this final legal hurdle ends a complex legal dispute which has run for several years,” Mr Mahon says. “Recovered rent and interest totalling $9.48 million will be returned to our self-funded state boat harbours to offset operating and maintenance costs.”
State Member for Redcliffe Yvette D’Ath says the Court of Appeal’s decision is a win for the Redcliffe community.
“I thank the Department of Transport and Main Roads who responded to my calls for support for the former residents of Compass Marina who were about to be evicted,” Ms D’Ath says.
“Since the department has taken over the management of the marina, the infrastructure has been upgraded to make it safe and pleasant for residents.
“I look forward to continuing to work with our entire community as we work towards a Master Plan for the Scarborough Marina.”
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