Alex Chang Companies Widing Up Handbook

Winding Up Without a Judgment Petition Malaysia

Debt Recovery Winding Up

Must I obtain a Judgment BEFORE filing a winding up petition against my debtors?

Alex Chang Companies Widing Up Handbook
Companies Widing Up Handbook

“Versi Bahasa Malaysia”

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.

Disputed Debts

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.

Reported Authorities

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 [1998] 2 AMR 1330

Petro-Pipe Industries (M) Sdn Bhd v FW Industries Berhad [2006] 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 [2003] 5 MLJ 503

PECD Construction Sdn Bhd v Freehold POint Sdn BHd [2008] 3 CLJ 215

NCK Wire Products Sdn Bhd v Konmark Corp Sdn Bhd [2001] 6 MLJ 57

CCM Chemicals Sdn Bhd v Urethane Technologies Sdn Bhd [2007] 3 MLJ 676

FW Industries Berhad v Suitech Sdn Bhd [2008] 3 CLJ 210

Share this page:
Alex Chang
Queen Mary College London LLB Hons advocate and solicitor

Sort Comments

2 Thoughts on Winding Up Without a Judgment Petition Malaysia
    Paul
    31 Jan 2019
    2:15am

    I have a debt to be collected from a Dato Sri, basically he cheated with some letters from Government but I do not want to report and not sure if I can recover. Monies given were cash. Is there anyway to recover? There are many witnesses and exchange of messages and email to substantiate my claim.

      Alex Chang
      1 Feb 2019
      3:10pm

      Dear Paul,

      If you have sufficient evidence in writing, you should be able to secure a judgement against the debtor.

      Do read this article on what happens if you didn’t pursue your action properly.
      Write Off RM74 Million Court Awarded Damages Reduced to Nothing

      We need more information, please whatsapp us for a quicker response https://api.whatsapp.com/send?phone=60122273289.

Leave A Comment

Note: All fields are required. Mobile number for WhatsApp for clarification of your comments. Email and phone will not be publish.
Mobile number for WhatsApp in order for us to clarify your comment, if necessary.