Security firm's legal action seeks winding up of the Uptown Market Association
A North Hamilton business organisation is facing a winding-up petition from a security firm due to a dispute over unpaid money.
Kevin Smith's firm, GET, is owed "a fairly hefty sum" by the Uptown Market Association (UMA) according to his lawyer Michael Smith.
The dispute led him to petition the Supreme Court for the winding-up of the UMA in his capacity as a creditor of the company.
Notice of the action appeared in Friday's Official Gazette and a hearing has been scheduled for April 30.
Michael Smith explained yesterday: "Uptown Market owed Mr. Smith a fairly hefty sum for security services rendered some time ago. He sued and took judgment against them because they failed to address his lawsuit. They didn't address the judgment either.
"If a company is unable to pay its debts it is deemed to be insolvent. So we petitioned the court to wind up when they failed to pay on the judgment."
However, UMA chairman Michael Bradshaw said it would "absolutely" continue with business as usual despite the legal action.
He declined to give details about it, but said: "This legal notice is something which is being addressed by our legal representatives and in fact is testimony to the slipshod behaviour of some of our legal entities when it comes to the handling of business of the smaller organisations.
"I expect that matters will be revealed in due course and will show that the UMA does not warrant this kind of attack innuendo but that this is an attempt at intimidation in the absence of a substantive position by the plaintiff.
"Unfortunately, because these are complex matters and I would not wish to behave inappropriately in terms of legal protocol, I must first consult with our legal counsel before giving any fuller explanation.
"You can be assured however that this is being defended with the fullest vigour as the claim is quite suspect. What is frustrating is that other parties know this and seem to be playing mind games in the belief that a small organisation like the UMA cannot contend with their legal feints and footwork without wasting precious time and resources which we would devote to better purposes."
The UMA was formed in 2005 with the aim of restoring the area of Hamilton centred on Court Street to its former glory by sparking an economic and social renaissance. It has representatives from local businesses, and a strategic plan focusing on improving the infrastructure.
Government granted $250,000 towards the UMA's operational costs for 2007, which included setting up a headquarters, offices and business centre. It has been working in partnership with the Corporation of Hamilton and Government's Economic Empowerment Zone initiative.
Listing recent achievements, Mr. Bradshaw said the UMA has worked to address illegal and antisocial behaviour in North Hamilton. It has also co-hosted a number of successful "Culture Fest" and "For the People" events.
Asked if the legal action would have an impact on the UMA's operations, Mr. Bradshaw replied: "We continue as before in fact more determined and more resolute and better prepared than before. In due course we would welcome a more explicit sharing of what has happened and what we have done."
