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
  • Resources & Infrastructure

Overview

David is an experienced barrister practising in commercial litigation, with a focus on matters involving complex forensic or financial considerations. He has a background in mathematics and computer programming that is of particular assistance in such matters. David has acted led and unled and has, for the last six years, had primary conduct as lead junior of a highly complex suite of professional negligence claims exceeding $260 million.
  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 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. Professional Negligence – Acted 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.
  2. Insolvency – Acting 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).
  3. 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.
  4. Contract and Sale of Goods – Acting 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. McMahon Services Australia Pty Ltd v Pinkenba Quarrying & Recycling Pty Ltd & Anor (SAD223 of 2019). Listed for a 3-week trial in March 2023.
  5. 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.
  6. 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. Settled.
  7. Construction – Acting unled in District Court proceedings for an owner in a dispute under a residential building contract, allegedly wrongly terminated during construction. John Papas & Anor v Toni Maree Ward (BD3488/19).
  8. 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.
  9. Disclosure – Acted for users of a coal terminal in a pre-trial disclosure dispute. Led by J McKenna KC. Adani Abbot Point Terminal Pty Ltd v Lake Vermont Resources Pty Ltd & Ors [2019] QSC 240.
  10. 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 256; Davidson v Suncorp-Metway Ltd [2020] QSC 315 (Unled).
  11. 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.
  12. 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).
  13. 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.
  14. 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).
  15. 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.
  16. 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]