I remember telling some of my mission trip friends in 2018 that, life has been too mundane after I finished with my LL.M with the University of Edinburgh in 2017. Unlike many, for me, there's nothing much to look forward to. I was searching for jobs across the globe, thinking, since nothing exciting for me at the moment, why not just spend a few years elsewhere and do something I like instead of practising law in Sabah, which is seriously not profiting much and at the same time, making me feel so bored and meaningless. I struggled for a few years doing what may come my way and which is not what I want to do and obviously at midlife, that made me kind of lost. I always think there's not much future to look forward to in life for me as long as I continue to be a practising lawyer the way I am, ie. not the conventional, aggressive and typical type of lawyer. I will never be able to achieve anything and if that's so, I might as well just enjoy what I will love to do (vetting some documents, drafting some agreements, etc.) for some big company, etc.
Believe me when I say, all my more than 300 applications to work in a corporate company were all being rejected. When I told my friends these, they all laughed and said, I am obviously not all are under-qualified but overqualified. Some are underqualified experience with overqualified expertise, which they cannot afford to hire, or deemed that I will be very difficult to deal with. Whatever it is, I feel disappointed that God never loves me or give me a chance to venture into a different area of practice. I was feeling despair and discouraged and feels that, "that's it, life will be like this forever until I died, and death better come soon".
Worse still, while I continue to sulk over meaningless life, one of the decisions in an on-going case which I won in the High Court was overturned by the Court of Appeal totally out of expectation because the Court of Appeal obviously did not understand the laws on parallel importation in IP law. I was completely shocked, while my opponent was overjoyed because it's something unexpected. I think I checked my own submission for like 10 times to see if there's anything I have done wrong or missed out. I started to doubt myself, my judgment, my understanding, my ability and whatever that you can think of. I was kind of loss when the decision was pronounced to us that day. A few hours after the decision was pronounced, surprisingly, 2 lawyers who handled IP law who were in court then called and texted me only said, "Pei San, the decision given by Court of Appeal is so wrong. You need to bring the matter to the Federal Court". I picked myself up (even though I have no confidence in myself, but with their assurance, I know I need to doubt myself less, but still doubting if I am able to bring the matter to the Federal Court by getting across the "leave" level), and called my clients, explaining to them what happened, it's not our fault, but the misjudgment of the Court of Appeal, etc and I came immediately came out with a few points of why this matter need to bring up to the Federal Court (with no guarantee that we are able to get leave). Clients agreed that this matter needs to appeal to the Federal Court but with there's so little chance that we can get leave to appeal, I agreed to do my best with very little fees.
I have never applied for leave before and when I told one of my KL friends, she immediately offered help and she's so amazing that she vet through all my drafting and we filed the papers. It was a crazy year this year. The hearing was postponed a few times, but fixed for submissions and hearing in August for hearing in September. I was literally stuck from July until now with my mom and I couldn't concentrate at all at work, what more with writing a submission for leave application? I was so lost until this friend of mine told me she is in need of money as business was greatly affected due to the pandemic. I asked if she can help me with the leave application submission since she has been helping with the filing of the documents earlier on which is not difficult for her to pick up. She agreed and I am so glad. Of course, I have to add on and finalist the draft submission before filing, correct and adding some points, I am so grateful that we did it, again.
With so many things happening and all, I have so limited time to do my works properly and these few months have been so crazy that I only managed to read the submission again and prepare for hearing on the 28.09.2020. Goodness me, the moment I walked in, I saw all those lawyers were flipping their documents, getting ready, etc. During their hearing, I can see they refer to lots of documents for their submission and explanation of why leave needed to be granted and none of them got their leave application granted. I looked at my opponent, he flipped through his submission (which only has 3 pages) a few times and I thought to myself, "Ok, what have I missed? Am I going to fail again?"
My matter was called last. Judges (chaired by Chief Judge of Malaysia) were being impatient as the previous few cases, lawyers spoke too much and not many issues on point. So, after I addressed the court and told them the issue, they told me they have read my submission and all and they wanted to know if they are granting me, which questions I want. I submitted seven questions and I look at the questions, I told them "being greedy, I want them all" and all the judges laughed. Well, I said, let me explained and they did allow me to explain. No. There's nothing that I have prepared beforehand, I just went through my mind and put across my mind to let them see why I want them and think leave should be granted. My opponent only relied on one issue - parallel importation. I relied on my arguments on, no one is saying parallel importation should not be allowed, but we want to know what amount to parallel importation and what guidelines we need to have. There is no case law in Malaysia has discussed this matter thus far and I want to know who is then responsible to all these goods that brought in illegally. I can see all 3 judges nodded their heads and immediately I heard the Chief Judge of Malaysia said, "Order in Term". Questions granted on Questions 1, 2, 3 and 4. I thank the panel and next case was called and I left while my opponent is still looking through my written submission with his assistant.
I went back to the office to rush other works while feeling, "YES, I DID IT". While my mind still wondering if this is true, my opponent called, to congratulate me and asked if I know this will be the landmark case for parallel importation from now on. I know if I managed to get through the leave level, I know it will be. He encouraged me and said I got him excited about law and he said he will make sure I do not miss out to file any papers as he is eager to see how this case turned out to be. We are going to make history and we are going to make everyone understand more about the law of parallel importation.
After the hearing and leave were granted, I cannot believe how many IP lawyers have contacted me and amazed that I got 4 questions granted for leave application. Seriously, this never crosses my mind that it will ever happen. Never that I thought I will have the case heard by the Chief Judge of Malaysia, I managed to make 3 federal court judges laughed and nod their head and even get a senior lawyer (my opponent) to call and encourage me. I considered I have won this case now. Regardless of whether this matter will be decided in my client's favour or not, I am glad I have made a contribution to the IP law world in Malaysia.
I seriously have no idea what God plan is for me. I do not know my future. But I do know that He does have a plan and all I need is follow-through. While I can plan my own steps, He determines and decide at the end. I am not sure if I will end up doing what I like, but that doesn't matter. Over the last few months, I know that it is all about His Will and not mine. I have nothing so great that need to be fulfilled. His eternal plan for all mankind and the world is more important. Whatever that comes my way, let it be. I only pray that He has grace and mercy upon me and let me suffer a little less, and I will be thankful enough.
I know none of the achievement is by my own strength. This opportunity did not come if not because I was handling a few matters for the same clients over the past 15 years. This opportunity did not come if not because I met a crazy court of the appeal panel. I might not have won the case in the High Court if not because the senior lawyer were too busy and occupied in Australia then. For whatever reason, God has brought me thus far and it's certainly His plan and His grace.
Since the beginning of this year, I have somehow realised that God loves me instead of, God loves others better. I am sure He loves others and could be better too, but that doesn't mean He didn't love me. I just have to hold on to Him and rely on Him more in order for me to see how much He loves me. Thank God for loving me, giving me that bit of hope and a meaningful life moment, especially during this pandemic season. I love how you slow things up and let me have more time with You this year.
Notes: I wouldn't be able to enjoy working with corporate life this year due to the pandemic if I have accepted the offer. Well, in His time. May be He will direct my path to another place or doing other things in the future. I just need to be attentive to His leading. In His time, not mine.
May Your Will be done on earth as it is in heaven.
- God's Will -
