Jean Nassif, Toplace building licences re-suspended by NCAT

‘Wanted man’ and property developer Jean Nassif has had his building licences revoked once again following a decision from a Sydney tribunal.

Toplace-built Atmosphere, 299-309 Old Northern Rd, Castle Hill.

High-profile property developer, and wanted man, Jean Nassif has been dealt another blow – after a Sydney tribunal re-suspended he and his company Toplace’s building licences.

It was also revealed how a warrant for his arrest centred around fraud allegations over a whopping $150m loan for one of his properties.

The re-suspension, handed down by NSW Civil and Administrative Tribunal on Thursday, will prevent Mr Nassif or companies he manages with completing works on existing or under-development contracts across the state.

It comes as Mr Nassif has been in Lebanon since December without a return date, with NSW Police issuing a warrant in June for his arrest over fraud allegations.

On Thursday, the NCAT revoked the stay orders made in January on both Mr Nassif and Toplace, taken out to lift their suspensions to allow them to remedy building defects and honour existing contracts, pending appeal.

High-profile property developer Jean Nassif. Picture: Liam Mendes

Lawyers for Fair Trading NSW argued for the revocation, among others, on the basis of the warrant out for Mr Nassif’s arrest, related to allegations of “dishonestly obtaining a financial advantage in the amount of a $150 million loan relating to contracts of the sale of land for the (Toplace) Skyview development”.

NCAT principal Theresa Simon said she had “little detail” of the allegations but that it related a $150m Westpac loan for the construction of four buildings at Skyview and sale contracts which “were (allegedly) not bona fide to meet a $10.5m qualifying pre-sale condition precedent set by (the bank)”.

Mr Nassif’s daughter Ashlyn remains before the NSW courts over allegations she used fraudulent contracts to get a $150m loan on the Skyview development, charged with dishonestly obtaining financial advantage by deception and publishing false or misleading material.

Toplace property developer Jean Nassif.

It comes after Mr Nassif and Toplace were hit in December with a 10-year building licence suspension and a permanent revocation after an investigation into their properties allegedly uncovered 40 building defects across three Toplace residential sites: the Atmosphere and Skyview developments in Castle Hill, and the Vicinity building in Canterbury.

However, the tribunal, in January, granted stay orders to allow for work on existing contracts while they appealed the decision.

The tribunal’s decision on Thursday, however, means Mr Nassif and Toplace will have to find other developers to take over.

“I do not consider it desirable to continue the stay orders on the Toplace and Nassif decisions,” Ms Simon said.

Jean Nassif with three of his children in Lebanon in April 2023. Picture: Facebook

“The stays are not necessary to secure the effectiveness of the determination of the administrative review applications.”

Fair Trading Minister Anoulack Chanthivong called the decision a “win for consumers”.

“This decision also sends a strong message to developers and builders that we have no tolerance for substandard construction in NSW,” the minister said.

“I can understand that some apartment owners may be concerned about the impact of this decision on remediation works. Fair Trading’s rectification orders are still valid, and the works should now be performed by a builder who is more suitable to hold a license.”

Fair Trading Minister Anoulack Chanthivong called the decision a “win for consumers”. Picture: Gaye Gerard

Solicitors for Mr Nassif and Toplace had argued “millions of dollars (were) on the line” if contracts weren’t honoured in the interim before a final appeal decision.

However, representatives for Fair Trading argued Mr Nassif had been overseas since December, “with no return date”, and that his licence had since expired.

Given the revocation, Mr Nassif’s supervisor certificate is again cancelled and he is once again disqualified for a ten-year period.

Toplace’s contractor licence is cancelled and it is barred from holding authority under the 1989 Home Building Act permanently.

Mr Nassif and Toplace have since received an October NCAT hearing to appeal the suspensions.

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Originally published as Jean Nassif, Toplace building licences re-suspended by NCAT