Embattled property developer Jean Nassif again banned from operating in NSW
By Megan Gorrey
Beleaguered Sydney property developer Jean Nassif and his company Toplace have again been banned from operating while a review decides whether to set aside a decision to suspend their building licences.
The NSW Civil and Administrative Tribunal on Thursday withdrew orders that had allowed Nassif – who has been overseas since December – and Toplace to continue operating pending an appeal.
Dozens of defects were found in several Sydney buildings, including the Vicinity complex at Canterbury.Credit: Janie Barrett
Authorities in June issued a warrant to arrest Nassif over alleged large-scale fraud for which his daughter Ashlyn has been charged.
In December, NSW Fair Trading banned Nassif from holding a building licence for 10 years and permanently revoked Toplace’s building licence after finding them guilty of improper conduct.
The bans related to more than 40 “serious and potentially serious” building defects at Toplace’s Atmosphere and Skyview developments at Castle Hill, and the Vicinity apartments in Canterbury.
Nassif and Toplace requested a review of those decisions in the tribunal in December. They later won a stay on the bans which allowed them to operate until the review was completed, on the condition they did not sign new contracts without the approval of the tribunal and Fair Trading.
NCAT principal member Therese Simon said in her initial decision to grant the stays she had considered the bans would affect staff and have a “detrimental financial effect on Toplace Pty Ltd and its ability to continue to operate.
“I am also mindful of the size and scope of the developments presently on foot and the number of people that the Toplace and Nassif decisions will affect,” she said at the time.
Fair Trading launched a bid for the stay orders to be revoked, arguing fresh evidence had emerged after they were imposed. This included that Nassif’s supervisor certificate had lapsed in March, and Toplace did not have a nominated supervisor.
Fair Trading also argued the stays should be revoked because Nassif had been overseas since December, with no return date pending, and that a bench warrant had been issued for his arrest.
Jean Nassif, aged 55, is wanted over an outstanding warrant in relation to alleged fraud-related offences.Credit: Police Media
Nassif and Toplace argued the stays should remain in place because there had been no allegations of any breach of the requirements they not sign new contracts. They said a hearing on the review of the decisions to suspend their licences was “imminent”.
But in a decision on Thursday, Simon said it was no longer in the public interest to continue the stay orders, effectively reinstating the ban on the building licences.
“The stays are not necessary to secure the effectiveness of the determination of the administrative review applications,” Simon said.
She noted Nassif had not been convicted of any alleged offence relating to the arrest warrant. She said she had “little detail” regarding any alleged offence, except that it related to allegations of fraud linked to a “Westpac loan of $150 million for the construction of Buildings C, D & E of Skyview development at 51-55 Old Castle Hill Road, Castle Hill, by submitting contracts of sale which were not bona fide to meet a $10.5 million qualifying presales condition precedent set by Westpac Bank”.
Simon said one of her reasons for granting the stays was to allow building rectification works to continue; however, she said Toplace could consider getting other contractors to complete the work.
Simon noted a hearing for the review of the tribunal’s decisions on the licences had been set down for October.
“If the tribunal decides to set aside the decisions of the [Fair Trading] commissioner, then subject to any issues with the lapsing of Mr Nassif’s supervisor certificate, the licences can be reinstated.”
Fair Trading and Better Regulation Minister Anoulack Chanthivong said the tribunal’s decision to uphold the disciplinary action was a “win for consumers”. He said it sent a “strong message to developers and builders that we have no tolerance for substandard construction in NSW”.
“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 licence,” Chanthivong said.
Ashlyn Nassif, 29, was charged with falsifying documents to keep money flowing from a $150 million Westpac bank loan to her father’s property empire.
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