In the High Court of Justice (Chancery Division)
Leeds District Registry 9LS30750 of 2009
IN THE MATTER OF THE LICENCE HOLDERS
AND IN THE MATTER OF AMANDA HORTON (IN INDIVIDUAL VOLUNTARY ARRANGEMENT) AND OTHERS
AND IN THE MATTER OF ADM TEMPFORCE LIMITED (IN ADMINISTRATION) AND OTHERS
AND IN THE MATTER OF ADC ARCHITECTS LIMITED (IN COMPANY VOLUNTARY ARRANGEMENT) AND OTHERS
AND IN THE MATTER OF NORTH WEST CONTRACTING LIMITED (IN COMPULSORY LIQUIDATION) AND OTHERS
AND IN THE MATTER OF APPLETREE PUBLISHING LIMITED (IN CREDITORS VOLUNTARY LIQUIDATION) AND OTHERS
AND IN THE MATTER OF HEAVY DUTY FORKLIFTS LIMITED (IN MEMBERS VOLUNTARY LIQUIDATION) AND OTHERS
And in the Matter of the Insolvency Act 1986.
Take notice that by an application made by Andrew David Rosler an Order was made on 6 October 2009 that Kevin Lucas be removed as office holder in respect of the cases listed below and Andrew David Rosler of Ideal Corporate Solutions Limits (ICS), Lakeside House, Waterside Business Park, Smiths Road, Bolton BL3 2QJ, was appointed as office holder in his place as set out below.
The Order provides that:
- 1 In respect of those Individual Voluntary Arrangements, Administrations, Company Voluntary Arrangements, Compulsory Liquidations, Creditors Voluntary Liquidations and Members Voluntary Liquidations listed in the Schedule to this Application which are the subject of proceedings in County Courts and District Registries, those proceedings be transferred to the High Court solely for the purpose of this Application and thereafter transferred back to the relevant County Court.
- 2 Kevin Lucas be removed from office as Supervisor, Administrator and Liquidator (as the case may be) of the estates listed in the Schedules with immediate effect.
- 3 Kevin Lucas be replaced in the case of each such estate by the Applicant with immediate effect.
- 4 Kevin Lucas shall be granted his release as appropriate 21 days after the publication in the Gazette referred to below.
- 5 The Applicant be entitled to publish in the Gazette one composite notice relating to all new appointments which are required by law to be published in the Gazette within 14 days of receipt of the sealed Order and shall file any appropriate notices in respect of Kevin Lucas’ removal and the appointment of the replacement office holder and those appointments with the Registrar of Companies and the Secretary of State for the Department of Trade and Industry (Insolvency Service) as appropriate.
- 6 Subject to paragraph 7 below, in the event that, as a result of the implementation of the Order ICS incurs any additional cost in respect of the administration of those estates where Kevin Lucas was the Office Holder (that is to say over and above those costs incurred in the ordinary course of the administration of those estates), those costs shall be borne by ICS and shall not be charged as an expense of the administration of those estates.
- 7 Nothing contained in paragraph 6 shall prejudice the Applicant from:
7.1 Charging to each individual estate the cost of obtaining an Insolvency Practitioners licence bond in respect of that estate; and
7.2 Apportioning between said estates equally the cost of the composite Gazette notice to be placed under paragraph 5 above.
- 8 Without incurring any additional expense to any of the said estates, the Applicant shall notify each Creditor or Member (as the case may be) of this Application and any Order made as a result of this Application, by way of notice in the next routine report that shall be due to the Creditors of each estate (as the case may be), such notice to contain the following matters:
8.1 An explanation of the effect of the Order;
8.2 Express reference to the liberty to apply contained in paragraph 9 below;
8.3 In the case of IVAs, CVAs and Administrations, the provision of all such information as might reasonably be required with regard to the conduct of the Voluntary Arrangement or Administration as the case may be;
8.4 In the case of Liquidations, where Liquidation Committees have been appointed, an explanation that (to the extent that any information which would otherwise be required to be provided under Insolvency Rule 4.108(3) has not already been provided as part of this report) it is open to that Committee to require the Applicant appointed to provide an account of the administration of the estate, including:
8.4.1 A summary of receipts and payments;
8.4.2 A statement that he has reconciled his accounts.
8.5 In the case of Liquidations under the Insolvency Act 1986 where no Liquidation Committees have been appointed, an explanation that, to the extent that such information has not already been provided as part of the report, it is open to any Creditor to apply to Court for an Order that the Applicant appointed do provide such information as might otherwise be required by Rule 4.108(3) that is to say, an account of the administration of the estate, including:
8.5.1 A summary of receipts and payments;
8.5.2 A statement that he has reconciled his accounts.
8.6 Notification that if any Applicant appointed has been required to provide the information referred to in (8.4) and (8.5) above, whether by the Liquidation Committee or by Court Order on the application of any individual Creditors, the appointed Applicant’s costs of so complying will, unless there are good reasons to the contrary, be paid as an expense of the winding-up; and
8.7 In the case of Liquidations under the Insolvency Act 1986, notification to each Creditor and Member of his right under Rule 11(1) (compulsory winding-up) and Rule 11(2) (voluntary winding-up) of the Insolvency Regulations 1994 to require the appointed Applicant or Respondent to supply a statement of receipts and payments free of charge.
- 9 Liberty to each Creditor of each estate to apply to vary or discharge this order within 21 days of the receipt of the notice directed to be sent under paragraph 8 above.
- 10 The cost of this application (including VAT) be aggregated and apportioned equally between each of the estates listed in the Schedule to be drawn as disbursements where sufficient funds are available.
Appointments transferred to Andrew Rosler:
Appointment as Supervisor in Individual Voluntary Arrangements:
Amanda Horton, Graham Bowerbank, Nina Wieteska, James Winter, Zare Faramarz, Karen Wareham, Lucia Thamaga, Gary Horton, Leon Marshall, Nicola Marshall, Geoffrey Carter, Lindsay Carter, Brian Rey, Alan Skea, Brian Gorton, Tataa Thamaga, Nicola Widdowson (née Simpkin), Steven Widdowson and Sharon Benton.
Appointment as Administrator in Administrations:
ADM Tempforce Limited*, Brookes Specialist Contractors Limited*, Brookes Group Limited*, Brookes IT Solutions Limited*, Brookes Access Solutions Limited*, Garage Door Services (North East) Limited*, Premier Car Credit Limited*, Red Box Properties*,
Appointment as Supervisor in Company Voluntary Arrangements:
ADC Architects Limited, MCL (Manchester) Limited, The Ashton Window Company Limited*.
Appointment as Liquidator in Compulsory Liquidations:
North West Contracting Limited, Phoenix Aviation & Technology Limited*, Spaciba Limited.
Appointment as Liquidator in Creditors’ Voluntary Liquidations
Appletree Publishing Limited*, Appletree Media Limited*, ADM Tempforce (NW) Limited*, AMF Connect Limited*, Blossom Cosmetics UK Limited*, Bloomfields Aquatic Supplies Limited*, BWS Projects Limited*, Barry Walkden Auto Electrics Limited, Bellusci Limited, Bellusci Uomo Limited, Bluestone Motors Limited, Building & Restorations (UK) Limited*, Burleigh Stone Cleaning and Restoration Company Limited, Barrowford Hotel Supplies Limited, Cell Solutions Global Limited*, Costalla Limited*, Commercial Building Solutions Limited*, Construction North West Limited, Darwen Timber & Building Supplies (NW) Limited*, Delta Microsystems Limited*, Direct Business Services (UK) Limited*, Deva Developments (Northwest) Limited, Dancing in Celtic Limited, Euro Asia Telecom Limited*, E.R.I.C. Environmental Services Limited*, Essential Recruiting Limited*, Essential Communication Solutions Limited*, Egenica Limited, F B A Systems Limited*, Fluidair International Limited*, Guardian Windows (NW) Limited, Helping Hands Cleaning Services Limited, Holden Pallets Limited, Helm Groundworks Limited*, Indian Times Square Limited*, Inter Forensics UK Limited*, Ian Edward Day Limited*, Juno Racing Limited, JMACS Carpets Limited*, Kinderslegh Limited, Koan Limited*, Kitchen Systems Limited*, Kestral Window Systems Limited*, Lancashire Glass and Trade Frames Limited, Metanova Limited*, MMA Recruitment Limited*, Mercot Stainless Limited*, My Storage Limited*, Moorish Idol Marketing Limited*, Natural Home Limited*, Nationwide Resourcing Group Limited*, Oracle Media Solutions Limited, Passfield Electronics Limited*, Prysm Electrics Limited*, Pinnington Express Logistics Limited*, Plastermaster Limited, Panmarbo Limited*, Rehabilitation Specialists Limited, Richards Group Limited*, Rude of London Limited*, RF Interiors Ltd*, Sign-Tec Graphics Limited, Shaw Window Systems Limited*, Sprint 1191 Limited*, Strand Consulting Limited*, Style Products Limited, Titan Automation Limited*, T Hedger Limited*, Tabco Trading Limited*, Total Mortgage Solutions 4U (UK) Limited*, Vico Engineering Services Limited*, Vista Visuals (UK) Limited*, Vineridge Limited*, Wolverhampton Labels Limited, With and Without Wires Limited*, Xytel Limited*.
Appointment as Liquidator in Members’ Voluntary Liquidations:
Heavy Duty Forklifts Limited*, Pyegreave Farm Limited*,
Notes:
All appointments are Sole Appointments.
Please note that Kevin Lucas was removed as Joint Supervisor of those appointments indicated by an asterisk after the name of the Company or individual concerned but was not replaced. Andrew David Rosler, the Joint Office Holder in those matters, continues as Sole Office Holder.
A Rosler
22 October 2009