Meetings of Creditors
In the High Court of Justice
Business and Property Courts at Leeds, Insolvency & Companies List (ChD) Court Number: CR-2023-LDS-000555
KESBURY LIMITED
(Company Number 01904525)
Registered office: Wilson Field Limited, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS
Principal trading address: Kesbury Limited, Beckery Road, Glastonbury, BA6 9NX
Notice is hereby given, pursuant to Rule 15.13 of the Insolvency (England and Wales) Rules 2016, that the Joint Administrators' report and statement of proposals ("the Proposals") being issued on 15 August 2023, a creditor who meets the relevant thresholds pursuant to Section 246ZE of the Insolvency Act 1986 has submitted a written report for a physical meeting to be held, in this case to consider the approval of the Proposals and all pertinent decisions therein. Accordingly, the Joint Administrators must therefore summon a physical meeting of creditors for this purpose. Accordingly, the Joint Administrators of the above-named Company, as the conveners of the meeting the 'conveners'), are seeking a decision from creditors on the following matters by way of a physical meeting: 1) That the Joint Administrators' proposals for achieving the purpose of the Administration, as set out in the Proposals be approved; 2) Under Rule 3.52 of the Rules and in the absence of a creditors' committee, the unpaid pre-Administration costs as detailed with Section 7 of the Proposals be approved; 3) Under Rule 18.16 of the Rules and in the absence of a creditors’ committee, the remuneration of the Joint Administrators be fixed in accordance with the Joint Administrators’ fees estimate as time costs for an amount not exceeding £135,125, as detailed within Appendix F of the Proposals. The Joint Administrators be authorised to draw remuneration on account of costs incurred as and when funds permit; 4) That the Joint Administrators be authorised to draw Category 2 expenses in accordance with their firm’s published tariff, which can be found at Appendix F of the Proposals; 5) The Joint Administrators will be discharged from liability under Paragraph 98(2)(b) of Schedule B1 to the Insolvency Act 1986 (“the Act”) immediately upon their appointment as Administrators ceasing to have effect. Whether a creditors’ committee should be established if sufficient creditors are willing to be members of a committee and if so, who the creditors’ wish to nominate for membership of the committee.
This follows a request for a requisitioned decision from one or more creditors under Paragraph 52(2) of Schedule B1 to the Act.
The meeting will be held at Mercure Bristol Grand Hotel, Broad Street, Bristol, BS1 2EL on 8 September 2023 at 11.00 am As a result of the requirement to hold this physical meeting the original decision procedure is superseded. The Joint Administrators have discretion to permit remote attendance (meaning attending and being able to participate in the meeting without being in the place where it is being held) if such a request to do so is received in advance of the meeting.
A creditor may appoint a person as a proxy-holder to act as their representative and to speak, vote, abstain or propose resolutions at the meeting. A proxy for a specific meeting must be delivered to the chair before the meeting. A continuing proxy must be delivered to the Joint Administrators and may be exercised at any meeting which begins after the proxy is delivered. Proxies may be delivered to The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS.
In order to be counted a creditor's vote must be accompanied by a proof in respect of the creditor's claim (unless it has already been given). A vote will be disregarded if a creditor's proof in respect of their claim is not received by 4pm on 7 September 2023 (unless the chair of the meeting is content to accept the proof later). A creditor who has opted out from receiving notices may nevertheless vote if the creditor provides a proof of debt in the requisite time frame. Proof may be delivered to The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS.
Date of Appointment: 6 July 2023
Office Holder Details: Kelly Burton (IP No. 11750) and Gemma Louise Roberts (IP No. 9701) both of Wilson Field Ltd, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS
Further details contact: The Joint Administrators, Tel: 0114 235 6780, Email: m.thompson@wilsonfield.co.uk
Kelly Burton, Joint Administrator
23 August 2023
Ag FJ52640
