Lesley Lim

– PARTNER –

Lesley Lim graduated with a Bachelor of Laws (Hons) from the University of Tasmania, Australia in 2009 and obtained her Certificate of Legal Practice (CLP) in 2010. Lesley was admitted as an Advocate and Solicitor of the High Court of Malaya in August 2011 after completing her pupillage at Samrith Sanjiv & Partners (formerly known as Gurdial Bakan Singh).

After spending a number of years in practice at Richard Wee & Yip, Lesley joined MahWengKwai & Associates in October 2016. She subsequently worked with Richard Wee Chambers in July 2019 before returning to MWKA as a Partner in August 2020.

Over and above her practice and experience in general civil litigation matters and drafting of corporate and commercial agreements, Lesley has a strong interest in developing the area of Sports Law in Malaysia as she believes that the ever growing interaction between sports and the law gives rise to the need for a special and greater understanding of the sports industry and those related to it.

Lesley was nominated for the “Woman Lawyer of the Year (Law Firm)” category at the 2020 Asian Legal Business (ALB) Malaysia Law Awards and is a key team member of the Sports Law Practice Group at MWKA which won the “Sports Law Firm of the Year Award” 2018 and 2019 ALB Malaysia Law Awards. She also captained the first national women’s dragon boat team to the 2018 Asian Games and the 2019 SEA Games.

Career to date

2020   Partner, MahWengKwai & Associates

2019   Partner, Richard Wee Chambers

2016   Senior Associate, MahWengKwai & Associates

2012   Associate, Richard Wee & Yip

2011   Called to the Malaysian Bar

2010   Pupil-in-Chambers, Samrith Sanjiv & Partners

Awards and Appointments

“Woman Lawyer of the Year (Law Firm)” – 2020 Asian Legal Business (ALB) Malaysia Law Awards

National Sports Institute of Malaysia – Research Division (Ethics Committee Member)

National Dispute Resolution Chamber (NDRC) of the Football Association of Malaysia (FAM) (Member)

Educational achievements

2020  HRDF Certified Trainer

2016   Certificate Programme in Sports Arbitration (Asian International Arbitration Centre)

2011    Associate, Chartered Institute of Arbitrators (CiARB)

2010   Certificate of Legal Practice (CLP)

2009   Bachelor of Laws (Hons) (University of Tasmania, Australia)

Particular experience

Sports Law

• Leading solicitor for the inaugural RM 55 million renaming rights of the Putra Indoor Stadium to Axiata Arena at KL Sports City, which made its mark in history as Malaysia’s first corporate-named stadium
• Leading solicitor for the brand sponsorships and collaborations involving international brands such as SAMSUNG, Bosch, Sennheiser, 100Plus, Seiko and Dulux
• Customized the contracts for high-performance athletes and coaches – in particular, the introduction of performance targets which co-relates to the selection and deselection process, for which legal input and advise was given pertaining to the legalities of the said selection and deselection process
• The corporatization of a government-related agency involving the conceptualization and commercialization of a new sporting brand along with strategic partnerships with the corporate sector such as clothing line, juice, digital advertising space, sports hospital, analytics, commercial area management, esports partnerships and cycling research and development
• Apart from being the principal legal consultant which managed, drafted and advised on all legal aspects of the commercialization process, there was participation in the negotiation processes and presentations to the Minister of Youth & Sports and relevant government agencies
• Assisted a State Government to draft enactments pertaining to stadium management
• Advisory, contract drafting and government regulations towards establishing a Sports University
• Represented and advised a professional football player from the Republic of Argentina with regards to the unlawful termination of a Foreign Player’s Contract by a football club
• Reviewed a Representation Agreement between a Malaysian golf player and a sports management and marketing agency based in the United States which would allow the agency to manage the player’s brand globally
• Main solicitor for a stadium manager of sports arenas and facilities where the scope of work included but were not limited to drafting and reviewing the agreements between the stadium manager and event organisers as well as advising on issues pertaining to revenue sharing, intellectual property, ticketing, marketing and promotion; reviewing Letters of Award / agreements between the stadium manager and contractors and service providers and providing advise in relation to the said Letters of Awards / agreements which involves issues such as the terms and conditions of the services / collaboration, termination, damages, etc.; the provision of consultancy services to the stadium manager’s sports marketing agency in regards to commercialization, branding and marketing; reviewing and providing legal advise in relation to the rental agreements of sports parks and sports complexes; reviewing the employment contracts of staff and providing advise to the CEO’s office and the HR Department on the renewal and/or termination process of the said employment contracts; providing advise relating to outstanding rentals and sums due and owing to the stadium manager; providing advise regarding management contracts for sports venues involving handovers, operations and finance
• Appraised sports bodies, administrators, club/team owners, athletes and sponsors of their legal rights and obligations as well as enforcement of sporting rules and regulations
• Provided a wide range of legal and consultancy services to owners and managers of stadiums, sports arenas and facilities
• Led multiple Sports Law Conferences from 2013 – 2016 – overseeing the general operations of the conference including but not limited to liaising with local and foreign speakers for the event (including speakers from FIFA, AFC, Everton Football Club, Ministers, Judges and officers from sports governing bodies) and ensuring that all event requirements are met. These conferences were pioneering and ground-breaking events to promote and expand Sports Law in Malaysia.
• Founding member of the Sports Law Association of Malaysia (SLAM)
• Assisted a football supporters club with the registration of its society
• Appraised sports bodies, sports administrators and sports personalities of their legal rights and obligations and enforcement of sporting rules and regulations

Esports

• General advisory for the esports industry
• Contract drafting involving players, casters, streamers, team owners, tournament organisers and sponsors
• Formulation of tournament rules and regulations
• Involved in proffering views to the Ministry of Youth & Sports for the National Esports Blueprint
• Assisted a State Government to draft enactments pertaining to an esports council along with the proposed formation of an esports tribunal
• Formation and subsequently, registration of an esports players association

Civil matters

• Experienced in general civil litigation matters, corporate and commercial disputes, debt recovery, construction arbitration and advisory and employment law which includes but is not limited to drafting of pleadings and legal opinions, scrutiny and analysis of relevant documents, pre-trial strategizing, trial preparations and research, hearing submissions and conducting trials.
• Acted as co-counsel in trial and appellate matters – Sessions Court, High Court, Court of Appeal and Federal Court
• Assisted in resisting a claim to set aside a Judgment in Default – High Court, Court of Appeal, Federal Court
• Assisted a claim seeking for a declaration that a purported settlement was invalid, null and void vide the application of the exception to the Turquand rule – High Court and Court of Appeal
• Assisted in defending a claim of fraudulent conspiracy in relation to the validity of lease agreements – High Court
• Assisted in representing a company in a claim against one of its former directors for breach of fiduciary duties – High Court
• Resisted a Fortuna and Mareva Injuction – High Court
• Applying to Court for Grant of Probate and Letter of Administration – High Court
• Applying to court for a Joint Petition – High Court
• Applying to Court for an adoption order pursuant to the Adoption Act 1952 – Sessions Court
• Disputes arising from breach of contract – Magistrates Court, Sessions Court and High Court
• Recovery of outstanding debts and resisting claims for outstanding debts – Magistrates Court, Sessions Court and High Court
• Execution proceedings such as companies’ winding up, bankruptcy proceedings, prohibitory order, garnishment, etc. – High Court
• Judicial review against a decision by the Industrial Court – High Court
• Providing legal advise to an American multinational energy corporation on civil and environmental issues.
• Providing advise relating to labour and employment law and defending an employment dispute in relation to the down-sizing and restructuring of a company – Industrial Court
• Claim by the Company against its former employee seeking compensation in lieu of short notice for termination of employment – Magistrates Court
• Preparation of settlement agreements for claims and disputes

Construction matters

• Assisted in defending a third party action for failure to discharge their duties as a reasonable contractor during the construction of the property – High Court and Court of Appeal
• Assisted in defending a claim for trespass arising from the construction of an access road – High Court
• Assisted in defending a prohibitory injunction against the utilization of a performance bond – High Court
• Assisted in resisting an amendment application which was attempting to add an Adjudicator as a 2nd Defendant in the proceedings – High Court
• Assisted in a claim to reserve and set aside an Ajudicator’s decision – Arbitration
• Assisted in defending a property developer against claims by a contractor for extensions of time, loss and expense and variations from the contractor – Arbitration
• Assisted in providing construction contract administration services and claims services to employers and contractors
• Claims for outstanding sums due for rectification works carried out by a contractor
• Claims for recovery of payment under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)
• Working closely with experts and witnesses, including geotechnical engineering consultants

Corporate matters

• Regularly involved in drafting, reviewing and advising on a variety of legal documents, contracts and agreements
• Reviewing and providing advise / opinion on the interpretation of contracts and agreements

Reported cases

• Thomas Thanapaul TS Thanapaul v MIC Group Malaysia Sdn Bhd [2013] 2 LNS 0969
• Allan Kinsey & Anor. v Sunway Rahman Putra Sdn Bhd & Anor; Dekon Sdn Bhd (Third Party) [2015] 4 CLJ 624
• Khoo Peng Wai v Pembinaan Terasia Sdn Bhd [2016] 1 LNS 1081
• Ravichanthiran Ganesan v Dato’ Mat Shah Safuan & Pembinaan Kota Laksamana Sdn Bhd [2016] 1 LNS 66

Speaking Engagements

• Trainer for the Brickfields Asia College (BAC) Certificate Course in Sports Law (March 2020)
• Moderator at the AIAC Sports Law Conference – “Free Kick for Equality: Gender and Race in Sport” (October 2019)
• Speaker at Multimedia University Melaka – Sports Law (April 2019)
• Speaker at the Esports Professional Industry Conference 2019 (EPIC) – “Esports Regulations & Women Participation” (March 2019)
• Moderator at the Honourable Society of Lincoln’s Inn Alumni Association, Malaysia – Sports Law and The Industry (January 2019)
• Organiser for the Esports Law Forum in conjunction with National Sports Day 2018 (October 2018)
• Speaker at the Kuala Lumpur Bar Committee – “A Day in the Life Series … From the Perspective of a Sports Law Practitioner” (September 2018)
• Moderator at the International Malaysia Law Conference (IMLC) 2018 – “Sports Law: Rule the Game!” (August 2018)
• Speaker at the Kuala Lumpur Bar Committee – “Introduction to Sports Law” (February 2018)
• Speaker at Multimedia University Melaka – Sports Law (September 2017)
• Speaker at University Kebangsaan Malaysia – “Sports Law in Legal Practice” – May 2017
• Trainer for the Brickfields Asia College (BAC) Certificate Course in Sports Law (April and May 2017)
• Speaker at the Advocates Association of Sarawak – Sports Law (April 2017)
• Speaker at University Malaya (UM) – “Sports Contracts – Protecting the Athlete” (March 2017)
• Speaker at Brickfields Asia College (BAC) – Sports Law (October 2016)
• Speaker at Brickfields Asia College (BAC) – Sports Law (September 2016)
• Speaker at Sabah Law Association (SLA) at Kota Kinabalu – “Sports Law Dialogue” (August 2016)
• Speaker at Multimedia University’s Law Faculty – “Dispute Resolution in Sports” (January 2016)
• Speaker at Brickfields Asia College (BAC) – “Sports Law – The Game, The Sports, The Arbitration” (November 2015)
• Speaker at the Malaysian Employers Consulting Agency (MECA) Seminar at Johor Bahru – “Effective, Legitimate, Correct Dismissal” (July 2015)
•  A member of the Organizing Committee for the KLRCA Arbitration Week 2015, specifically for the Sports Arbitration segment (May 2015)
• Speaker at the Malaysian Employers Consulting Agency (MECA) Seminar at Johor Bahru – “Going to the Industrial Court” (2013)

Interviews with BFM Radio Malaysia

• Gender Discrimination in Women’s Football (March 2019)
• Illegal Sports Streaming (July 2018)
• Sports Law VAR (July 2018)
• True Fitness (July 2017)
• Stadium Naming Rights (January 2017)
• The Entrapment of Big Sam Allardyce (October 2016)
• Money in Olympics (August 2016)
• Brexit and the Premier League (July 2016)
• Image Rights (June 2016)

Reviews & Testimonials

• “Our company is a gaming enterprise and Vietnam’s leading internet and technology company. In expanding our venture into the Malaysian market, we engaged MWKA based on their experience in the gaming, esports and technology industry. In addition to providing sound legal advice, MWKA also gave practical examples along with business guidance and recommendations. It was a good experience working with Lesley Lim and Carolyn Ng.” – VNG Corporation, Vietnam
• “My organisation (an international sport governing body) has engaged MWKA for ongoing corporate and commercial matters in sports. Strong experience in the sports industry is not very common in this part of the world and we are glad to have the capable assistance of Lesley Lim, Cassandra Thomazios and Tommy Wong in our matters, ranging from contract drafting and review to advising on potential disputes.” – Dylan Mah, International Table Tennis Federation, Singapore