Toplace: Sydney developer Jean Nassif to fight suspension in ‘lengthy’ NCAT hearing

Developer Jean Nassif will fight his suspension in a lengthy tribunal process, with Fair Trading saying both the alleged defects, and whether he was fit to hold a licence, would be examined.

A Sydney developer and his construction firm’s battle for survival was laid bare on Tuesday as they fought to reverse a suspension in what a tribunal heard could take more than a year to resolve.

In December, developer Jean Nassif and his company Toplace were hit with a 10-year building license suspension and a permanent revocation respectively after a NSW Fair Trading investigation into their properties allegedly uncovered 40 building defects across three sites.

The investigation found more than 40 alleged defects in residential developments constructed by Toplace: the Atmosphere and Skyview developments in Castle Hill, and the Vicinity building in Canterbury.

However, last week, both were allowed by a NSW Civil and Administrative Tribunal (NCAT) last week to continue working on existing contracts until the appeal process was complete.

Mr Nassif’s solicitors argued the suspensions exposed the parties to breaching contracts worth millions and impacted remediation works.

Developer Jean Nassif and Toplace are fighting suspensions and licence revocations at NCAT.

On Tuesday, the lengthy hearing process was outlined and the tribunal heard how Fair Trading would submit both evidence to back up its disciplinary action against Nassif, and how he was not fit to hold a licence.

“This is also a fit and proper person test,” Fair Trading’s representative Sandy Pintamalli said.

“Even if an expert shows evidence to say ‘this is not a major defect’, you can still not be fit and proper to hold a licence.”

A representative for both Mr Nassif and Toplace argued for a two-stage hearing: one to review the grounds on which disciplinary action was taken by Fair Trading, and a second to assess the penalty imposed.

“They (Fair Trading NSW) must put forward evidence to explain the decision the agency has come to and establish the grounds of that decision,” Mr Nassif’s representative said.

Mr Nassif, in December, had his building license suspended for 10 years. Picture: Liam Mendes

The Atmosphere Towers on the corner of Crane Rd and Terminus St, Castle Hill. Picture: AAP

Although Mr Pintamalli argued a two-stage hearing would mean the tribunal “would be dealing with this well into 2024”, Mr Nassif’s representative said speed shouldn’t be the only consideration.

“Millions of dollars are on the line (for Mr Nassif and Toplace),” he said.

“The most severe penalty possible was imposed and the ending of the entire business should be weighed against speed for its own sake.”

Fair Trading must submit the evidence it will rely on during the process by February 6, when the matter will return to NCAT, and Mr Nassif must do so by May 16.

A parliamentary inquiry examining allegations that Toplace, Mr Nassif and councillors on the Hills Shire Council, in relation to the company’s development at Castle Hill, will start next month.

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