David appears predominantly in property and commercial disputes. He also appears in wills and probate matters. He has appeared in trial, interlocutory and appellate proceedings in the Victorian Supreme Court, Court of Appeal, Federal Court and New South Wales Supreme Court.
He has appeared and advised in matters involving breach of contract, sale of goods, sale of livestock, sale of business involving breach of contract, misleading and deceptive conduct, unconscionable conduct, mistake, duress, fraud, estoppel, and negligence including professional negligence.
He also advises and appears in relation to breach of director duties, shareholder disputes and winding up of corporations.
He has been involved in many matters involving constructive or resulting trusts. He has appeared in farm and farm related matters. He has experience in joint venture disputes particularly in the area of property development.
He has appeared in a number of Commercial Arbitrations, is a member of the Commercial Bar Association and also speak Japanese.
Recent Cases David has been involved in include:
LCY Pty Ltd. v. Ma VSCA 383 (20 December 2017) (with J.L. Bourke QC a case involving estoppel by convention.
Broughton v. B&B Group Investments Pty Ltd VSCA 227 (31 August 2017) a case involving termination by a purchaser of a sale of business contract.
De Oliveira v Udayaratna (2016) VSC 123. Construction of the terms of contract where both oral and written agreement alleged and the breach and repudiation of the agreement by conduct.
Hays International College Pty. Ltd. and Cheng v. Quikfund (Australia) Pty. Ltd(2014) NSWSC 869 Appeal in NSW Supreme Court on question of agency arising from misleading and deceptive conduct
Fanning v. Harding(2013) VSCA 208 – No appearance but was counsel who drew submissions on behalf of the Appellant in a successful appeal against a refusal of the County Court to extend time to commence proceedings pursuant to Part IV of the Administration and Probate Act
Agape Investments Pty Ltd & Eighth Natro Pty Ltd v Chen & Ors(2012) VCC 1323 (20 September 2012) BREACH OF CONTRACT (Damages for delay – liquidated damages – penalty clauses – rectification)
Bennett v. Pettitt(2012) VSC 234 with Wikramanayake S.C. Extension of time application to commence Part IV proceedings under Administration and Probate Act
David is also a member of the Commercial Bar Association
The information referred to above has been supplied by the barrister concerned. Neither Lennon’s List Barristers nor The Victorian Bar Inc have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.