Jurupakat Sdn Bhd v Kumpulan Good Earth (1973) Sdn Bhd [1988] 3 MLJ 49:
“It is common ground that there is no judgment debt in the present case. The question for the court to consider is whether the petitioner is a creditor and the respondent is a debtor. A creditor is a person who could enforce his claim against the company by an action of debt and a person cannot petition as a creditor when he merely has a right of action against the company for unliquidated damages for breach of contract (see Pennington’s Company Law (1985) 5th Ed p 843). Where a petition is based on a debt which is disputed on substantial grounds, the petitioner is not a creditor (see Re Lympne Investment Ltd at p 389). If the petitioner is not a creditor, it is not entitled to present a petition or apply for a winding-up order. It has no locus standi and the petition must fail (see Mann & Another v Goldstein & Another at p 771).”
