Prior to coming to the Bar, David Kim worked in the Litigation and Dispute Resolution team at DLA Phillips Fox (now DLA Piper Australia).
David has a broad commercial litigation practice with extensive experience in both State and Federal jurisdictions. He has acted in matters in all Victorian courts, the Supreme Courts of New South Wales and Queensland, and the Federal Circuit and Federal Court of Australia.
David has acted for local and international banks and financial institutions, liquidators and trustees, the State of Victoria, statutory bodies such as VicRoads, public hospitals, property developers, publicly listed companies in the health and agricultural sectors, supermarkets, public superannuation funds, insurers and high net worth individuals.
David has a Master of Laws from the University of Melbourne. As part of his Masters, he completed his thesis – “A critical analysis of anti-suit injunctions in transnational commercial litigation.” David has previously lecturered in Business, Corporate and International Law at a Victorian tertiary institution. He is currently lecturing at the Melbourne Law School.
David is a Nationally Accredited Mediator and a panel mediator under the Magistrates' Court of Victoria's mediation program. He is also a Fellow of the Chartered Institute of Arbitrators, and a member of the ADR Committee of the Victorian Bar.
David read with Robert Heath KC.
Some of the cases David has been involved in are:
HungryPanda AU Pty Ltd v Fantuan Australia Pty Ltd & Ors [2022] VSC
Acted on behalf of parties in respect of a dispute between on-line food delivery companies. Claims included inducement of breach of contract and breach of confidence. Proceedings also concerned stay of proceedings in favour of related proceedings in England. Led by Robert Health KC.
Alpine Medical Pty Ltd v Whitehorn [2022] CCV
Acted on behalf the Defendant in respect of the Plaintiff's claim over the sale of a large commercial property in rural Victoria. Plaintiff claimed that the Defendant engaged in breach of contract, breach of statutory duty and misleading and deceptive conduct in respect of alleged undisclosed issues with the property. The matter settled at mediation.
Zhang & Ors v Shi & Ors [2021] VSC 695
Appeared on behalf of the Defendant in respect of contempt proceedings brought by the Plaintiff for the Defendant's breach of a freezing order. The Plaintiff sought a term of imprisonment. The Court ordered that suspended fines be imposed upon various undertakings by the Defendant.
Fontana v Bega [2020] VSC
Acted on behalf of the Defendant in a dispute between cheese manufacturer and supplier in which the Plaintiff alleged the Defendant had unlawfully terminated the supply agreement. The matter settled at mediation.
Freyssinet Australia Pty Ltd v Swat Building systems Pty Ltd [2019] VSC
Appeared on behalf of the Plaintiff in an application to wind up the Defendant. The Court ordered that the Defendant be wound up.
Collins Hotel Pty Ltd v Apartments on Collins Pty Ltd & Jowil Pty Ltd Pty Ltd [2019] CCV
Appeared on behalf of the Plaintiff in pursuit of funds held by the Court over the purchase of a hotel business. The Plaintiff alleged that the vendor had breached the terms of the contract of sale of business. The matter settled prior to the trial.
Clover Pipelines Pty Ltd v R Slater & Sons Pty Ltd [2019] VSC
Appeared on behalf of the Defendant/Plaintiff by counterlclaim in respect of a supply contract concerning a water pipeline south of Colac, Victoria. The matter settled at mediation.
Huang v Zhi [2018] VCC 529
Appeared on behalf of the Plaintiff (led by Mr Peter Booth) in an application against the Defendant for contempt of the Court in breaching orders previously made by the Court. The Court adjudged the Defendant to be in contempt.
Arbitration – May 2018, Melbourne, Australia
Sole counsel who acted on behalf of a professional Australian athelete in respect of a dispute with a player-management company in an arbitration in Melbourne, Australia.
Oliana Foods Pty Ltd v Culinary Co Pty Ltd [2018] VSC
Appeared on behalf of the Plaintiff in an application to set aside the Defendant's statutory demand. The Court orderd that the demand be set aside and for the Defendant to pay the Plaintiff's costs on an indemnity basis.
R Slater & Sons Pty Ltd v Clover Pipelines Pty Ltd [2017] VSC
Appeared on behalf of the Plaintiff in an application to set aside the Defendant's statutory demand. The parties consented to the demand being set aside and for costs to be awarded to the Plaintiff.
Lors Pty Ltd v Oldfield & Anor [2017] CCV
Appeared on behalf of the Defendants/Plaintiffs by counterclaim in respect of a commercial lease over a warehouse. Claims by the parties included damages for breach of contract and misrepresentation. The matter settled prior to the trial.
CHH v David & Ors [2017] VSC 499
Appeared on behalf of one of the defendants as junior counsel (led by Mr Joseph Tsalanidis) in respect of a dispute as to the terms of a guarantee and indemnity and whether the terms gave rise to an equitable charge of the chargee's property.
Dimasi v Baron [2017] VSC
Appeared on behalf of the Plaintiff as junior counsel (led by Mr Kevin Lyons QC as His Honour then was) in respect of a claim for a share of a first division Powerball win in October 2014 of over $16M. Matter settled.
National Australia Bank v Wortman [2016] CCV
Acted and appeared on behalf of the Defendant who was alleged to have been liable under a guarantee that was purportedly signed by her.
Thompson v Geminder Holdings Pty Ltd & Ors [2016] VSC 495
Appeared on behalf of the Plaintiff as junior counsel (led by Mr Anthony Rodbard-Bean) in respect of claims of breach of contract, equitable estoppel, detinue and conversion concerning a mansion in Toorak, Victoria and valuable items held at the property.
Kapiris & Kapiris v Bortoletto & Ors [2015] CCV
Acted on behalf of the First Defendant (vendor) in respect of claims made against him by the Plaintiffs (purchasers) for misrepresentation concerning the sale of a property. Matter settled at mediation.
Carol Ann Matthews v SPI Electricity Pty Ltd & Ors [2011 – 2014] VSC
Part of the team of counsel for the Department of Environment and Primary Industries (formerly the DSE) with respect to the Kilmore East bushfire litigation.
Arbitration – 14 – 16 October 2013, Sydney, Australia
Sole counsel who acted on behalf of a telecommunications retailer against a telecommunications company with respect to an alleged exclusive dealership agreement.
Milton Wilde & Anor v Morgan & Anor [2013] VSC
Appeared on behalf of the Plaintiffs with respect to their application for injunctive relief to prevent the agents of the mortgagee from selling the mortgaged property and declarations pursuant to s.418A(2) of the Corporations Act that the appointment of the agents and the agents’ entry into possession or assumption of control of the property were invalid.
ACCC v Cathay Pacific Airways Ltd [2012] FCA
Advised the Respondent on the issue of legal professional privilege.
Beronara Pty Ltd & Anor v Mei Ling Perry & Anor [2012] CCV
Acted in relation to resisting a permanent injunction with respect to a parcel of land, including a claim for adverse possession.
Primebrokers Securities Limited (in liq) & Ors v ANZ Banking Group Ltd & Ors [2010 - 2011] VSC
Acted in relation to proceedings issued by the Plaintiffs with respect to an Australian Master Securities Lending Agreement with the ANZ Banking Group Ltd.
Allomak Limited & Ors v Robert Allan & Ors [2010] VSC
Acted on behalf of a publicly listed company in the Supreme Court of Victoria against, among others, its former director for breaches of directors’ duties.
Second Ocelot Pty Ltd v Myer Melbourne Pty Ltd [2010] VCAT
Acted on behalf of a former retail tenant against the landlord for alleged breaches of a lease and misleading and deceptive conduct.
