Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement:

1 This is an internal appeal from a decision of the Tribunal constituted by Senior Member K Ross made on 20 November 2024 in the Consumer and Commercial Division (the 20 November 2024 decision) in proceedings under the Home Building Act 1989 (NSW) (HB Act) and the Fair Trading Act 1987 (NSW) (FT Act) concerning a dispute between the first and second respondents, Debra Tonks (Mrs Tonks) and Craig Tonks (Mr and Mrs Tonks where referred to together) who are the owners of a property at Charlestown in New South Wales (the property), and the first appellant, William Joseph Culleton (Mr Culleton), the second appellant, Steelbond Australia Pty Ltd which carries on business under the name Town and Country Roof Restorations (Steelbond) and the third respondent Ronald Lawrence (Mr Lawrence). Steelbond is the builder that carried out residential building work upon the dwelling at the property under a building contract with Mr and Mrs Tonks (the building contract). Mr Culleton is the director of Steelbond. Mr Lawrence, who was an employee of Black Diamond Site Services Pty Ltd (Black Diamond) supervised the residential building work at the property.

2. The appeal by Mr Culleton and Steelbond, which raises questions of law and otherwise requires leave to appeal, is against the following part of the 20 November 2024 decision: the money order of $61,993.53 in favour of Mr and Mrs Tonks (the money order).

3. In determining the appeal, we have set out our approach to the conduct of the appeal, the key statutory provisions, the applicable legal principles, the factual background, and the history of the proceedings at first instance and on appeal. We have then considered the issues arising on the appeal before setting out our conclusions and orders.

4, We have made the following decision:

1) the appeal should be dismissed;

2) leave to appeal should be refused;

3) Mr Culleton and Steelbond should pay the costs of the appeal of Mr and Mrs Tonks on the ordinary basis as agreed or assessed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1973ee19f69aa52ec3c1c8c6)

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