A millionaire mining boss has lost a Supreme Court battle against a Perth yacht club after he was accused of speeding in his 72-foot yacht, damaging the club infrastructure and other boats. <\/p>\n
Victory Metals chief executive Brendan Clark was accused of speeding along Perth\u2019s Swan River in his huge yacht he named \u2018Enigma\u2019 on the evening of February 9. <\/p>\n
He is accused of creating \u201clarge swells\u201d, which \u201cdamaged boats, jetties and snapped piles\u201d around the Swan Yacht Club, Aquarama and East Fremantle Yacht Club. <\/p>\n
Mr Clark denied the allegations, however, days later the East Fremantle Yacht Club publicly blamed the mining boss for the damage. <\/p>\n
They later retracted the accusations and apologised to Mr Clark. <\/p>\n
An email with the subject line \u201cSpeeding Complaints\u201d was then sent to Mr Clark from the Perth Flying Squadron Yacht Club informing him of numerous complaints about the alleged incident. <\/p>\n
They requested Mr Clark attend a meeting with the club\u2019s management. <\/p>\n
The ordeal resulted in Mr Clark cancelling his membership and later posting his boat deserved better.<\/p>\n
\u201cOn a brighter note, I\u2019m happy my girl ENIGMA is now in a new home that\u2019s way classier than the s**t hole it came from. She deserves better,\u201d he posted to his Facebook on May 25.<\/p>\n
\u201cIf you\u2019re going through similar bullsh*t, stand up. Don\u2019t let them walk on you. The truth comes out eventually. Appreciate the real ones who\u2019ve had my back.\u201d <\/p>\n
Clark then escalated the matter, and took Perth Flying Squadron Yacht Club to the Supreme Court of WA, alleging he suspected they leaked CCTV of his yacht leaving and returning to its pen on the day of the speeding claims. <\/p>\n
On Thursday, however, Justice Craig Bydder dismissed a pre-action discovery application after finding that the club did not disclose any CCTV footage.<\/p>\n
\u201cThere must, however, be some tangible backing or objective foundation that takes the existence of the cause of action beyond a mere allegation,\u201d he ruled. <\/p>\n
Mr Clark is described as a self-made property investment millionaire. <\/p>\n