O'Neill v Hudner (Approved) [2025] IEHC 669 (27 November 2025)

O'Neill v Hudner (Approved) [2025] IEHC 669 (27 November 2025)

The company is on the cusp of insolvency, has ceased real business, has no employees, and the relationship between the principal founders has irretrievably broken down. There is deadlock regarding winding up, and no alternative remedy is available. The petitioner's conduct does not, in the factual context, disentitle her to relief. It is just and equitable to wind up the company under section 569(1)(e) of the Companies Act 2014.

Citation
[2025] IEHC 669
Parties
Petitioner: Susan O'Neill; Respondent: Luke Hudner
Jurisdiction
Ireland
Judgment Date
27 November 2025
Procedural Posture
Winding Up Petition Under Companies Act 2014 S.569(1)(e) / Judgment on Petition to Wind Up Company
Outcome
Petition granted; order for winding up of Sulu Software Consultancy Limited under section 569(1)(e) Companies Act 2014.
Legal Topics
Winding Up on Just and Equitable Grounds, Breakdown of Mutual Trust, Deadlock, Failure of Substratum, Director Duties, Shareholder Disputes
Company Law Insolvency Winding Up on Just and Equitable Grounds Breakdown of Mutual Trust Deadlock Failure of Substratum Director Duties Shareholder Disputes

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Parties

Susan O'Neill

Petitioner

Luke Hudner

Respondent

Procedural Posture

Winding Up Petition Under Companies Act 2014 S.569(1)(e) / Judgment on Petition to Wind Up Company

Legal Issues

  1. 1 Whether it is just and equitable to wind up Sulu Software Consultancy Limited under section 569(1)(e) of the Companies Act 2014
  2. 2 Whether the petitioner's conduct disentitles her to relief
  3. 3 Whether alternative remedies exist to winding up

Ratio Decidendi

The company is on the cusp of insolvency, has ceased real business, has no employees, and the relationship between the principal founders has irretrievably broken down. There is deadlock regarding winding up, and no alternative remedy is available. The petitioner's conduct does not, in the factual context, disentitle her to relief. It is just and equitable to wind up the company under section 569(1)(e) of the Companies Act 2014.

Court Disposition

Petition granted; order for winding up of Sulu Software Consultancy Limited under section 569(1)(e) Companies Act 2014.

Orders

  • Order for winding up of Sulu Software Consultancy Limited
  • Appointment of Mr. Colin Gaynor as liquidator