Profile

Full Name: Mr David J-H Kim
Email: dkim@vicbar.com.au
Phone: +61 3 9225 7777
Fax: 9225 8480
Date of Admission: 8 Nov 2004
Called to the Bar: 19 Nov 2009
Nationally Accredited Mediator: 27 Jul 2017
Qualifications: LL.B.(Hons)(Melb), LL.M.(Melb)
Previous Occupation: Solicitor

Profile

Prior to coming to the Bar, David J-H 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.” He has also published articles on the issue of creditor’s statutory demands in foreign currency and on commercial arbitration. David has previously lecturered in Business and Corporate Law and International Law at a Victorian tertiary institution. He is currently an adjunct lecturer at the College of Law.  He is also a book reviewer for the Law Institute Journal and a Nationally Accredited Mediator.

David read with Robert Heath Q.C.

Some of the cases David has been involved in are:

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.

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.

Oliana Foods Pty Ltd v Foods International Pty Ltd [2017] VSC

Appeared on behalf of the Plaintiff in an application to set aside the Defendant's statutory demand.  The parties settled the dispute prior to the hearing.

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. 

Dimasi v Princes Laundry Services [2016] CCV

Acted on behalf of the Plaintiff in relation to a claim for damages for breach of contract in excess of $1M.  Matter settled at mediation.

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. 

Areas of Practice

Alternative Dispute Resolution (ADR)

  • International Arbitration

Appellate

  • Civil Appeals

Commercial Law

  • Banking & Finance
  • Bankruptcy Law & Insolvency Law
  • Competition Law & Consumer Law
  • Contractual Disputes
  • Corporations Law & Securities Law
  • Insurance Law & Professional Negligence Law
  • Property & Probate

Common Law

  • Negligence

Environmental Law & Planning Law

  • Planning Offences

Equity & Trusts

  • Real Property

Government

  • Local Government

Also Entitled to Practise in

  • Federal Court of Australia
  • High Court of Australia
From 3 Dec 2009, liability limited by a scheme approved under Professional Standards Legislation.


« Back to search results