Toplace collapse: Castle Hill homeowner anger at Jean Nassif after ‘walk out’

Homeowners who bought units in Toplace’s Castle Hill development have claimed Jean Nassif has “walked out”, leaving them to sort out his mess.

Toplace-built Atmosphere in Castle Hill, which has outstanding cladding issues. Picture: Justin Lloyd.

Homeowners who bought units in Toplace developments have said Jean Nassif has “walked out”, leaving them to sort out his mess.

“Jean Nassif and Toplace didn’t want to do what they were contractually supposed to do – it’s as simple as that,” Charles Lee said, who owns a unit at the developer’s Castle Hill Atmosphere complex.

On Monday, Toplace filed for administration, leaving homeowners in defective complexes, and those who have pre-bought units in their partially built blocks, “high and dry”.

It comes a week after a tribunal suspended Mr Nassif and Toplace’s building licences, and after “fresh defects” were discovered at one of his inner city complexes.

Mr Nassif has been in Lebanon since December, even after NSW Police issued a warrant for his arrest in June over allegations around a fraudulent loan.

Across the road from Atmosphere, at the Skyview complex, Toplace signs remain up on a quiet building site. Picture: Justin Lloyd.

Mr Lee and his wife bought a unit at Toplace-built Atmosphere in late 2018 for their retirement. The building was found to have multiple defects, particularly around non-compliant cladding, which has yet to be replaced.

The couple are now further away from getting a ‘full occupancy certificate’ than they were when they bought the unit, meaning they’ll struggle to sell, or would have to accept more than $200,000 in losses.

“We’d never bought off a plan before, a lot of us who bought were all new, just going along with it,” Mr Lee said.

Charles Lee (right) and his wife at their Castle Hill Atmosphere unit. Picture: Supplied

“We received what’s called an interim occupancy certificate, but it was still a building site, and we don’t know when we’ll get a full certificate, or who will pay for the building’s issues.”

An interim certificate allows owners to occupy a part of a building, but signals a complex is not complete or hasn’t passed the final building checks.

Atmosphere's unit owners are suing one of Mr Nassif’s companies in the Supreme Court, while both prohibition and rectification orders were issued, including over non-compliant cladding.

The Lees have since relocated to Queensland and have found a tenant for their unit, but called the situation a “mess”.

“It has real implications for us trying to sell,” Mr Lee said.

The state of their new unit in Toplace-built Atmosphere when they bought it almost five years ago. The couple said they're no closer to getting a full occupancy certificate for the building. Picture: Suppled

“We did inquiries and we’d be looking at more than $200,000 in losses.”

Mr Lee said the company’s collapse had left them in the dark.

“They (Toplace) didn’t do anything they said they would, they delayed and asked us to pay for stuff they should have done,” he said.

“Here we are almost five years later, we don’t have a final fire safety certificate, there’s a court order to replace defective cladding on our balconies – it’s no fault of any homeowner, but Toplace.”

Mr Lee urged the state government to step in, given the company’s collapse.

What the Lees moved into back in mid-2018. Picture: Suppled

“He could have been good if he did what he promised clients, as well as made money, but also followed the rules,” he said.

On Wednesday NSW Premier Chris Minns urged Mr Nassif, who remains in Lebanon, to engage with authorities.

When asked who would pay for outstanding defects and works across Toplace’s complexes, Fair Trading Minister Anoulack Chanthivong said “dodgy builders should pay for their dodgy work”.

“We don’t know the state of the books yet but that will become clearer over the next few days and weeks, we’re urging the administrators to act quickly to provide certainty,” he said.

“For too long shoddy builders have been ripping off people in NSW, and this is one of the worst we’ve seen.”

NSW Premier Chris Minns urged Mr Nassif (pictured) to engage with authorities Picture: NSW Police

A Fair Trading spokesman said a first meeting between administrators dVT group and creditors would be held within the next five days, with a second to be held within the next 20-25.

“The administrators alone have the full information about the financial situation of Toplace and should be able to reveal that at the second meeting,” he said.

“The key message for owners that have a claim against Toplace is to submit a proof of debt with the administrator so that account can be taken of its interest and be updated on progress.”

NSW Police confirmed there was no update in relation to the warrant out for Mr Nassif’s arrest.

Administrator dVT group were contacted, as well as Toplace.