David Ananian
Cooper

Called to the Bar in 2014

Contact

Level 16 Quay Central
T | 07 3360 3344
M | 0422 500 411
E | [email protected]

David Ananian
Cooper

Called to the Bar in 2014

Areas of Expertise

  • Banking
  • Building & Construction
  • Competition & Consumer
  • Contract and General Commercial
  • Corporations
  • Equity and Trusts
  • Insolvency
  • Intellectual Property
  • Land Law & Property
  • Professional Negligence
  • Tax

Overview

David is an experienced barrister practising in commercial litigation, with a focus on matters involving complex forensic or financial considerations.

David appears regularly led and unled in trials and appeals in both State and Federal Courts.

  1. Masters of Laws (James Kent Scholar, Columbia University)
  2. Bachelor of Laws (1st Class Honours, ANU)
  3. Bachelor of Science (Mathematics and Theoretical Physics) (Distinguished Scholar, ANU)

Prior to coming to the Bar in 2014, David worked in Sydney as a solicitor at a number of leading Australian law-firms, and served as the Associate to the Honourable Justice PD Finn of the Federal Court of Australia.

Mr Ananian-Cooper is admitted to practice in Australia and in New York State.

  1. Contract and Sale of Business – Acted unled against King’s Counsel for the vendor of a civil works business in an 8-day Supreme Court trial defending a claim for breach of warranty and misleading and deceptive conduct. Davis v Perry O’Brien Engineering Pty Ltd [2023] QSC 243; Davis v Perry O’Brien Engineering Pty Ltd (No 2) [2023] QSC 281. Appeared on the appeal led by J McKenna KC in May 2024. Appeal judgment reserved.
  2. Tax – Acted for the Commissioner of Taxation defending an appeal against a Part IVA objection decision that the taxpayers, Gordon Merchant and his related entities, engaged in dividend stripping and a scheme to avoid tax. Led by M Brennan KC. Merchant v Commissioner of Taxation [2024] FCA 498.
  3. Professional Negligence – Acted unled for a syndicate of purchasers of the Harbour Quays and East Quays management rights business against the verifying accountant for a negligent financial verification report, and against the real estate agent for misleading and deceptive conduct. MQ Partners & Ors v Hospitality & Strata Pty Ltd & Resort Brokers Australia Pty Ltd (BS7504/21). Listed for a three-week Supreme Court trial in April 2024. Settled at mediation.
  4. Real Property – Acted unled for an innocent encroaching owner against their neighbour in a three day Supreme Court trial, successfully defending a claim for compensation, and obtaining an order for indemnity costs. Wardanski v Mawby [2023] QSC 136; Wardanski v Mawby (No 2) [2023] QSC 237.
  5. Professional Negligence – Acted between 2017 and 2022 for the receiver of the LM First Mortgage Income Fund in an “exceedingly complex” Supreme Court claim against EY for audit negligence seeking damages of circa $250million. Acted both led and unled. LM Investment Management Limited v Ernst & Young [2017] QSC 73 (with R Derrington QC); (No 2) [2018] QSC 226 (Unled); (No 3) (2019) 2 QR 436 (Unled); (No 5) [2020] QSC 264 (with J McKenna KC); and [2022] QSC 132 (with S Doyle QC). Settled at mediation.
  6. Corporations – Acted unled for the consenting respondents in an application by administrators for approval to enter into a funding agreement pursuant to s 447A of the Corporations Act. Park (Administrator), in the matter of Ellume Limited (Administrators Appointed) v Evangayle Pty Ltd [2022] FCA 1102.
  7. Contract and Sale of Business –Acted for the appellant against the dismissal of a misleading and deceptive conduct claim relating to the sale of shares in a business. Led by M Condon SC. Wang v Hur [2024] QCA 126.
  8. Insolvency – Acted for the receiver of the LM First Mortgage Income Fund on various matters relating to the winding up of the Fund. Acted led and unled. Park v Whyte (No 3) [2018] 2 Qd R 475 (with J McKenna KC); (No 4) (2019) 2 QR 412 (Unled) and (No 5) (2020) 3 QR 409 (Unled).
  9. Trusts– Acted for the receiver of the LM First Mortgage Income Fund in an action seeking to unwind certain preferential redemptions and income distributions that were without power and in breach of trust. Led by R Derrington QC and J McKenna KC. Bruce v LM Investment Management Ltd (in liq) & Ors [2019] QSC 126. Settled.
  10. Contract and Sale of Goods– Acted unled for a supplier of topsoil in a Federal Court claim for damages for supply of allegedly contaminated soil, with third party actions against the contaminated lands Suitably Qualified Person and Auditor.  Successfully defended an application for substantial further security for costs. McMahon Services Australia Pty Ltd v Pinkenba Quarrying & Recycling Pty Ltd [2023] FCA 360. Listed for a three-week Federal Court trial in July 2023. Settled.
  11. Trusts– Acted for a shareholder seeking a declaration that some of the shares held by the other shareholder of the company were held on a trust for the first. Led by C Heyworth-Smith QC. Ma v He (BS9490/19). Settled.
  12. Real Property– Acted unled for an innocent encroaching landowner in a Supreme Court action for substantial damages allegedly caused by the encroachment. HS South Brisbane Pty Ltd v United Voice (2019) 2 QR 556.
  13. Financial services– Acted in a class action against Morgans Financial relating to allegedly negligent financial advice. Led by D Campbell QC. Miskeljin v Morgans Financial Limited (BS10139/18). Settled.
  14. Banking– Acted for a bank enforcing security against a defaulting mortgagee. Acted led and unled. Davidson & Anor v Suncorp-Metway Ltd & Ors [2017] QCA 317 (Unled); Suncorp-Metway Limited v Nagatsuma and Davidson [2019] QSC 16 (Led by D Clothier QC); Davidson v Suncorp-Metway Limited [2020] FCA 795 (Unled); (No 2) [2020] FCA 879 (Unled); (No 3) [2020] FCA 1593 (Unled); (No 4) [2021] FCA 25; (No 5) [2021] FCA 256Davidson v Suncorp-Metway Ltd [2020] QSC 315 (Unled).
  15. Trusts– Acted for a trustee defending an action by the primary beneficiary for his removal. Led by R Derrington QC and J McKenna KC. Shoujaa Pty Ltd & Anor v Haboob Pty Ltd & Ors (BS5099/15). Settled.
  16. Real Property– Acted unled for a lender seeking to enforce the indefeasibility of its mortgage, under a mortgage procured by the fraud of a third party against the owner of the property. Balanced Securities Limited v Tom Lu International Trading Pty Ltd & Ors (BS12733/16).
  17. Insolvency– Acted for the liquidator of Queensland Maintenance Services Pty Ltd seeking relief in relation to various transactions alleged to be unfair preferences and uncommercial related party transactions. Led by R Derrington QC and T O’Sullivan QC. Peter Anthony Lucas as liquidator of Queensland Maintenance Services Pty Ltd & Anor v Frank Gerard Zullo & Ors (BS12863/2015). Settled.
  18. Banking– Acted for a bank seeking possession and defending an action for unconscionable conduct by the defaulting mortgagee. Acted led and unled. Stacks Managed Investments Limited v Tolteca [2015] QSC 80 (led by D O’Sullivan); [2015] QSC 234 (with D O’Sullivan); [2015] QSC 276 (with D O’Sullivan); [2016] QCA 64 (Unled).
  19. Equity– Acted for the plaintiff in a dispute between two property developers seeking equitable relief that certain property was held on constructive trust under the equity in Pallant v Morgan, or a joint venture fiduciary relationship. Led by R Derrington QC and G Gibson QC. Gordon Corporation Pty Ltd & Anor v Helensvale Property Development Pty Ltd & Ors (BS1440/2015). Settled.
  20. Equity– Acted for Herbert Smith Freehills defending an application that it be enjoined from acting in other proceedings. Led by J McKenna KC. Flour Australia Pty Ltd v Herbert Smith Freehills (BS9680/2014). Settled.

Contact

Level 16 Quay Central
T | 07 3360 3344
M | 0422 500 411
E | [email protected]

readership

For more than 20 years, Level 16 Quay Central Chambers has offered readerships to assist counsel starting at the Bar.

CONTACT US

16 Quay Central Chambers

Level 16 Quay Central
95 North Quay
Brisbane, Qld, Australia, 4000

General Administration

Nicole Mackay | 16 Quay Central Pty Ltd
T | 07 3360 3332
E | [email protected]