About George Lim

George Lim appears as counsel of record in 4 reported Malaysia judgments (2025). These were heard before MYFC (3) and MYCOA (1).

On the court record

George Lim's reported practice is in company and revenue litigation at the appellate level, appearing in the Federal Court and the Court of Appeal and acting for appellants.

A significant group of related Federal Court appeals concerns the validity of share issuances. Acting for the appellants in matters connected with WTK Realty Sdn Bhd and Southwind Plantation Sdn Bhd, the central questions were whether there had been a contravention of section 132D(1) of the Companies Act, so that the issuances of the impugned shares in several companies were null and void, and whether the court ought nonetheless to validate the issuance and allotment under sections 63 and 355 of the Act. The appeals also argued that the courts below had erred in applying the Duomatic principle — under which the informal but unanimous assent of all shareholders can validate what would otherwise require a formal resolution.

His revenue work includes a Court of Appeal tax appeal, in which he acted for the appellant, challenging a decision affirming the Special Commissioners of Income Tax's dismissal of an appeal against additional assessments. A central issue was the taxability of allowances: the taxpayer claimed exemption under the Income Tax (Exemption) Order 2009, but held thirty per cent of the company's shares — the largest holding among nine shareholders — so the court agreed with the Special Commissioners that he had "control" under section 139 of the Income Tax Act 1967, which disqualified him from the exemption.

On this record the practice is appellate company and tax litigation, where the recurring task is a question of statutory construction — whether a share issuance offends a mandatory provision and can be saved, and whether a taxpayer's shareholding gives him the control that defeats a claimed exemption. It is work argued at the two highest levels of the court hierarchy, on points capable of settling the law for others.

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Appearances
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Roles
2
Firms
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Senior Counsel

How many cases has George Lim appeared in?

George Lim appears as counsel of record in 4 reported Malaysia judgments (2025).

Which courts does George Lim appear in?

George Lim appears before MYFC (3) and MYCOA (1).

What does George Lim focus on in these decisions?

Company and revenue litigation at the appellate level. His matters include related Federal Court appeals on the validity of share issuances connected with WTK Realty Sdn Bhd and Southwind Plantation Sdn Bhd, and a Court of Appeal income-tax appeal on the exemption of allowances.

What was in issue in the Federal Court company appeals?

Whether there had been a contravention of section 132D(1) of the Companies Act rendering the impugned share issuances null and void, whether the court ought to validate them under sections 63 and 355, and whether the courts below had erred in applying the Duomatic principle — that the unanimous informal assent of all shareholders can validate what would otherwise require a formal resolution. He acted for the appellants.

What was the tax appeal about?

A Court of Appeal appeal, in which he acted for the appellant, against additional income-tax assessments. The taxpayer claimed his allowances were exempt under the Income Tax (Exemption) Order 2009, but the court agreed with the Special Commissioners that, holding thirty per cent of the company's shares, he had "control" under section 139 of the Income Tax Act 1967, which disqualified him from the exemption.

Practice Areas (from case appearances)

Counsel Appellant (4)