Toni Collette Loses Court Case Huge legal bill: Toni Collette and husband, David Galafassi. Toni Collette and her musician husband have lost a high-profile legal stoush over the failed purchase of an eastern suburbs terrace house, and have to pay more than $800,000 in damages. In the NSW Supreme Court on Friday, Acting Justice William Windeyer found in favour of Industrie clothing label founder, Susan Kelly, and ordered Collette and her husband, David Galafassi, pay $814,907, plus legal costs. The court heard Collette and her husband agreed to buy Susan and Nick Kelly's terrace on Stewart Street, Paddington, for $6.35 million in September 2011, and the deal was due to close on December 30. Real estate dealings made public: The Paddington terrace house Toni Collette was to purchase. But the couple's lawyers wrote to the Kellys' legal team to say they could not proceed with the purchase, and had been unable to sell their house on Bronte Road. The court heard Collette and Galafassi had also agreed to buy another property in Sydney. The Kellys eventually sold the Paddington property for $5.5 million and sued the couple for the difference, plus interest and land tax. Court win: Nick Kelly Photo: Jon Reid Collette and Galafassi's defence, filed to the court, alleged Mrs Kelly did not make a reasonable effort to get the best price for the Paddington property after their deal fell through, because she didn't put the house up for auction nor advertise it online or in newspapers. But Acting Justice Windeyer found otherwise. "I consider [Mrs Kelly] made reasonable efforts to minimise her loss and took reasonable care in selling the property at the price she did," he said in his judgment. The court case revealed several emails between Collette and people involved in the property negotiation. Writing to McGrath real estate agent Ben Collier in January last year, Collette said one of his colleagues had "enticed" her and her musician husband David Galafassi with a maximum price of more than $4 million for their Bronte cottage, but then quoted a figure of $3.5 million in the press. In an email before the NSW Supreme Court the actor told Mr Collier the couple was angry about his female colleague's actions. Collette then wrote that it didn't change the fact the couple was unable to proceed with the purchase of "beautiful Stewart St."