Last week, Mountain Scene reported Ken Wimsett and Mark Samways — who subsequently on-sold the hotel — had started legal action against vendor Dana Hemingway for alleged "multiple breaches of the sale and purchase agreement".
Hemingway, whose response missed deadline, says the pair’s accountant "has acknowledged the receipt of $40,168 in deposit bookings at settlement [on September 13]".
"We are very disappointed the purchasers are not issuing refunds from this money.
"We have helped form a group of disgruntled customers.
"We have given that group significant information and continue to work with them while they consider legal action.
"They are well aware Wimsett and Samways hold the $40,168."
The pair have told Scene they first needed a schedule detailing all forward bookings and payments made, which they claim Hemingway had withheld.
And last week they promised any remaining funds considered on settlement to be guest deposits would be returned to the vendor on settlement of the action against him.
Meanwhile, Hemingway is reiterating he has proof he sold the hotel as a going concern and quotes the sale and purchase agreement — "the purchaser acknowledges there are forward bookings".
"We were never informed the purchasers would immediately close the hotel nor (as I understand) on-sell it immediately."
Wimsett and Samways have been adamant they have proof Hemingway knew the hotel would shut, yet still took forward bookings.
And in that same clause of the sale and purchase agreement, quoted above by the vendor, he "agrees to provide the purchaser with details of the forward bookings prior to settlement" — which the pair have repeatedly said they didn’t get.
Last week, Scene also reported Wimsett and Samways had now found records of 215 forward bookings from September 13, totalling $95,872.59.
And, according to an email to stranded guests, their accountant was advising they go back to the entity they paid, Hemingway’s company, Hipzone, to recover their money.
