Property developer Jean Nassif loses court bid to sue 2GB radio host Ray Hadley

Wanted property developer Jean Nassif’s attempt to sue Ray Hadley has been thrown out of court, with this picture of Nassif at a casino prompting some scathing observations from the judge.

Wanted Sydney property developer Jean Nassif has lost a bid to continue a major defamation case against 2GB radio host Ray Hadley.

The international fugitive – who has police warrants out for his arrest over alleged bank fraud – had been trying to sue the popular radio host over eight broadcasts about his “shoddy” apartments.

In his Federal Court claim, Nassif claimed Mr Hadley falsely painted him as “disgracefully incompetent and dishonest” and that “a buyer should have serious concern about purchasing a property” from him.

But Justice Wendy Abraham threw out Nassif’s application to keep the case running after it was paused back in September last year when he failed to pay the first $300,000 tranche of $900,000 in security to the court to cover legal cost in the event he lost.

“I am not satisfied that Mr Nassif will likely return to Australia for the foreseeable future,” Justice Abraham said.

Wanted property developer Jean Nassif spotted on Monday night 8 April 2024, local time gambling at a casino in Lebanon, surrounded by 4 security guards. Photo: Supplied

Nassif, 56, fled Australia in December 2022 when his property empire Toplace Group collapsed, with debts of up to $1 billion and his bank accounts were subsequently frozen.

NSW police have a warrant out for his arrest for fraud related offences since June last year.

Image of controversial Toplace founder Jean Nassif in hospital in Lebanon earlier this year. Justice Abraham said a photograph was insufficient to establish a medical condition.

Mr Hadley welcomed the ruling.

“I’ve been waiting a long, long time to say what I can say now about Toplace and Jean Nassif,” he said on Tuesday.

“Over the years … I’ve been under pressure because of this bloke.

“Thankfully, our previous owners headed up by John Singleton and our current owners, headed up by Nine Entertainment and particularly our CEO Tom Malone, backed me because they thought I was right.

“In that time he threatened me.”

“ … after a long, long battle which has occupied too much of my time and too much of lawyers’ time and too much of our company’s money, the matter has now been dispensed with by her honour, Justice Abraham. For that I thank her very much.

“This creature, John Nassif, has brought disgrace to his family and the wider Lebanese Maronite community.

“Good, decent people in that community put their faith in this grub and have been let down and also let down financially and at great emotional cost are the hundreds of people, maybe thousands who bought units off this bloke and his company.”

‘NO MEDICAL REASON’ NOT TO RETURN

In her ruling Justice Abraham cited The Daily Telegraph photograph published exclusively last month of Nassif in Lebanon, playing pokies.

“I note also that The Daily Telegraph published a photograph of the applicant, said to be taken in a casino on 8 April 2024, smoking a cigar and surrounded by personal security.

“At face value it reflects that the applicant is living his life in Lebanon, apparently unrestricted by any health issues.

“The applicant failed to demonstrate that he ever lacked a capacity to travel. That is, there is no medical reason relied on as to why he could not have returned to Australia; he simply chose not to.”

Justice Abraham also rejected affidavits provided to the court by his counsel Rebekah Giles about Nassif’s alleged medical conditions.

“The second example is Ms Giles’ assertion that the applicant had a hernia repaired in June 2023, with the only purported proof being photographs exhibited to her affidavit of the applicant in an apparent hospital setting,” Justice Abraham said.

“There is no medical evidence to support Ms Giles’ assertion. Plainly a photograph is not capable or sufficient to establish it. The third example is the assertion by Ms Giles that Mr Nassif experiences chronic anxiety and frequent panic attacks, which is also not supported by any medical evidence exhibited (a reference in a brief document that on 19 March 2024 he complained of psychiatric problems is not evidence of that proposition).”

“This is against the background of the applicant’s failure to prosecute the proceeding in a timely manner thus far, the age of these proceedings, and his repeated breaches of Court orders (including self-executing orders).”

The case was filed in the Federal Court back in July 2020. Costs were awarded in favour of Mr Hadley and Nine Media as a lump sum.

Do you have a story for The Daily Telegraph? Message 0481 056 618 or email [e-mail]