Fugitive Jean Nassif has been denied a final chance to sue Sydney broadcaster 2GB and one if its talkback hosts as the property developer faces a criminal investigation over a purported $150 million fraud.
Nassif on Tuesday lost his bid to reinstate his Federal Court defamation case against the radio station and host Ray Hadley over comments made in 2019 and 2020 about his work in the construction industry.
The developer left Australia for Lebanon in 2022 but is being pursued by NSW Police after a two-year fraud investigation.
He allegedly obtained a $150 million loan from Westpac through fraudulent pre-sale documents for an apartment complex in the northwestern Sydney suburb of Castle Hill.
Justice Wendy Abraham rejected what she described as Nassif's plea to give him one last opportunity to run the case after he repeatedly failed to comply with the court's orders.
With a warrant out for his arrest and 57 of his Toplace-linked companies in administration, the developer had "little incentive" to return from Lebanon, the judge said.
"I am not satisfied that Mr Nassif will likely return to Australia for the foreseeable future," she said.
"All evidence is to the contrary."
The judge also questioned the accused fraudster's claims that he had not complied with court orders because of health reasons.
She noted a photograph published by The Daily Telegraph that showed him smoking a cigar surrounded by security at a casino in Lebanon in April 2024.
"At face value it reflects that (Nassif) is living his life in Lebanon, apparently unrestricted by any health issues," Justice Abraham said.
Further claims he experienced anxiety and panic attacks were not supported by any medical evidence, she added.
Despite being launched in 2020, the defamation lawsuit had been stalled for two-and-a-half years after Nassif failed to provide documentary material to 2GB and Hadley as required by the court.
In September 2023, he also failed to pay a first tranche of $300,000 in security on time to 2GB to ensure the defamation case continued.
"His disrespect for court orders is readily apparent, irrespective of his physical location," Justice Abraham said.
Nassif was ordered to pay 2GB and Hadley's legal costs.
Speaking on his morning radio show on Tuesday, Hadley thanked his lawyers and Nine, which owns 2GB, for their support during the four-year-long lawsuit.
He said he had been under "tremendous pressure" because of a man who had let down hundreds - or maybe thousands - of alleged victims of his failed developments.
"It's all over," Hadley said.
"I guess there is a possibility of an appeal but not even the most adventurous people would be doing that."
Nine Radio managing director Tom Malone welcomed the decision.
"The matter was clearly in the public interest and fundamental to what we do for our listeners and their communities at 2GB, and across Nine Radio," he said.
"Ray has our continued support as he fiercely advocates for all the victims of Jean Nassif, who are still fighting for fair compensation."
Nassif's solicitor Rebekah Giles has also been contacted for comment.
