Must I obtain a Judgment BEFORE filing a winding up petition against my debtors?
This is one of the most frequently asked questions. A short answer is no. The provision of section 218 of the Companies Act 1965 and the new sections 466 and 467 of the Companies Act 2016 did not provide that a judgment must be obtained prior to filing of a Winding Up Petition.
There are however, many colleagues at law who will advise you as a matter of prudence to obtain a judgment in a civil court before presenting/ filing the Companies Winding Up Petition.
Generally, if there are no bona fide disputes (disputed on substantial grounds), a creditor need not obtain a judgment in a civil court before presenting/ filing a companies winding up petition.
These are matters handled by our Mr Alex Chang where a Companies Winding Up Petition was presented in the absence of a Judgment first had and obtained:
Campana Distributor Sdn Bhd v Amseal Engineering (M) Sdn Bhd  2 AMR 1330
Petro-Pipe Industries (M) Sdn Bhd v FW Industries Berhad  1 LNS 254
Vearrian Tanzania Ltd (Formerly known as Virian Tanzania Ltd) v CNLT (Far East) Berhad, the ground of judgment dated January 16, 2009
KTL Sdn Bhd v Azrahi Hotels Sdn Bhd  5 MLJ 503
PECD Construction Sdn Bhd v Freehold POint Sdn BHd  3 CLJ 215
NCK Wire Products Sdn Bhd v Konmark Corp Sdn Bhd  6 MLJ 57
CCM Chemicals Sdn Bhd v Urethane Technologies Sdn Bhd  3 MLJ 676
FW Industries Berhad v Suitech Sdn Bhd  3 CLJ 210