George Dimitrovski, along with his father, Kosta, spent nearly two years challenging a court decision to hand the 20-room motel over to Australian Executor Trustees Limited (AET) after the pair defaulted on the mortgage.

Last week, a Land and Environment Court judge dismissed the pair’s separate proceedings to have the decision set aside. 

The judge noted the protracted court battle had cost AET about $452,000.

Ordering George to pay AET’s legal bill for the latest action, Justice Michael Pembroke said the pair had been given ample time to fight the decision, but had waited nearly two years to lodge their most recent legal challenge.

He told the court the pair had not originally quibbled with AET taking the property because they believed they would be able to pay off its debts.

But when AET was given possession in May 2011, the pair started a lengthy campaign for time to sell the motel themselves, hiring a series of solicitors and pleading with the court to stay the decision.

After months of legal argy-bargy, George made his latest court bid in September last year, claiming the possession was made ‘‘irregularly’’ and the mortgage was invalid.

Justice Pembroke last week dismissed the argument, noting there was no law governing ‘‘second thoughts’’.

‘‘There is no known decision in a civil case that allows a judgment to be set aside simply because an available argument was overlooked or forgotten or a new point has been perceived,’’ he said.

He said AET had been put to exorbitant expense because of the ‘‘fanciful and optimistic expectations that the Dimitrovskis would be able to discharge the loan or pay out the arrears’’.

In October 2010, AET’s solicitors sent the pair a notice, advising them of an $84,000 debt on the property.

By January 2011, the debt had spiralled to $3.2 million and AET filed a statement of claim in the Supreme Court, seeking possession of the land.

In March that year, the Dimitrovskis pleaded to the court, asking for the chance to handle the sale of the properties themselves and requesting postponement of any decision until they had time to complete the sale.

After failing to meet several targets, the pair made a final request on May 2, 2011, pressing for extra time.

AET were given the motel three days later, but gave the pair two weeks to try to sell it.

By November, it was clear no sale would occur and AET appointed a receiver in early 2012.

The motel, where famed Australian artist Brett Whiteley died of a heroin overdose, was sold last year along with nearby Jim’s Fish Cafe.

The Dimitrovskis were also directors of Thirroul Property Holdings, former owners of Austinmer’s troubled Headlands Hotel.

Thirroul Property Holdings went into receivership in 2011 with debts of more than $16million. 

The Headlands Hotel remains on the market.