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23 May 2020

By email

Mr Stewart Levitt

Levitt Robinson Solicitors

Ground Floor

162 Goulburn Street

Surry Hills NSW 2010

Dear Mr Levitt,

Wagga Wagga Background Report

Thank you for your instructions to conduct investigations into matters associated with the

Wagga Wagga City Council. We are pleased to present the following report setting out the

results and findings for your consideration. All supporting documents and other extracts are

contained in an accompanying folder attached to the report.

Please do not hesitate to contact us should you wish to discuss any aspect of the

information provided.

Yours sincerely,

Jonathan Creighton

Director

Encl.

Creighton Group Pty Ltd • ABN 49 110 227 177

1A Sydenham Road, Brookvale NSW 2100 Australia

Telephone: +61 412 901 970

Email: jonathan@creighton.com


Wagga Wagga Report

CONTENTS

1 Executive Summary 3

2 Councillor’s Pecuniary Declarations – Interests and Positions in Companies 6

2.1 Company Declarations 6

2.2 Rodney Kendall 6

2.2.1 Undeclared Interests and Positions in Companies 6

2.2.2 Mischaracterised Descriptions of Principal Objects of Corporation 7

2.2.3 Incorrect Interests in Corporations 10

2.2.4 Misstated Disclosure – Whether a Property Developer or a Close 11

Associate of a Corporation that is a Property Developer

2.3 Kerry Pascoe 11

3 Disclosures of Pecuniary and Non-Pecuniary Interests at Council and Regional 13

Planning Meetings – Rodney Kendal

3.1 Pecuniary and Non-Pecuniary Interests 13

3.2 Non-Disclosures of Conflicts of Interests at Council and Regional Planning 14

Meetings – Rodney Kendall

3.3 Other Conflicts of Interests Not Declared at Meetings – Rodney Kendall 19

4 Relationships Between Rodney Kendall and Real Estate Entities and

21

Developers

5 Company Positions and Interests (Current) – Rodney Kendall 26

6 Company Positions and Interests (Non-Current) – Rodney Kendall 34

7 Development of the Harness Racing Facility at Cartwrights Hill 38

7.1 Harness Racing New South Wales 38

7.2 Tender Process for the Construction of Riverina Paceway 40

8 Real Property Held by Rodney and Robyn Kendall 41

8.1 Rodney Kendall 41

8.2 Robyn Kendall 41

9 Relationship Between Rodney Kendall and Current/Former WMA Water

42

Officials

10 Combined Development Group Pty Ltd and Peter Thompson 43

10.1 Combined Development Group Pty Ltd 43

10.2 Peter Thompson 45

11 Relationship Between Rodney Kendall and Greg Conkey 46

Attachment Index 47

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1. EXECUTIVE SUMMARY

Creighton Group has been engaged by Levitt Robinson Solicitors to conduct an investigation

into reasons that some Wagga Wagga City Councillors may have in failing to approve

precautionary measures to protect the North Wagga Wagga precinct from flooding. This is

while they have favoured other zones in Wagga Wagga.

We make no conclusions to the North Wagga Wagga issue. However our investigation has

looked into the business dealings of sitting councillors by way of examining their respective

pecuniary interest returns, conduct at council meetings, and their respective company

holdings, associations and relationships.

Councillor Kendall Pecuniary Interest and Other Matters

Investigation of Councillor Kendall’s Returns dating back to 2009/10 found:

• 17 counts of undeclared positions and interests;

• 16 counts of mischaracterising a company’s principal objects of corporation (in which he

held a position or interest);

• 7 counts of incorrectly describing his interests in a company; and

• 1 count of incorrectly declaring that he was not a property developer or a close associate

of a corporation that is a property developer (this declaration was introduced in 2018).

Councillor Kendall also appears to have failed on 13 occasions between 2011 and 2018 to

declare a conflict of interest he may have had at council and regional planning panel

meetings which concerned the council or regional planning panels. 1

Councillor Kendall Corporate Holdings and Interests

Councillor Kendall also has (and has had) an extensive number of corporate holdings. He

presently holds positions and interests in nine companies. One of these can be described

to operate as a property developer. Another company he had an interest in, Boorooma

Estate Pty Ltd, recently was recently deregistered after it completed its role to develop a

101-lot residential subdivision at 139-151 Farrer Road, Boorooma, known as Boorooma

Estate. and development at Boorooma Estate. The company had as its directors,

developers Garry Cox and Michael Bodel along with John Bittar from Hore & Davies Real

Estate.

His most prominent (and direct) business relationships and associations are with Robert and

Thomas Davies, both of whom were directors and shareholders of Hore & Davies Real

Estate Pty Ltd and Wollundry Investments Pty Ltd; John Bittar and Susana Alleva, both of

1

No findings have been made whether Councillor Kendall has breached any law, rule or policy. To consider

this, it is necessary to afford procedural fairness to Councillor Kendall by putting these issues to him and

allowing him to make submissions. Whether any of the issues in this report have been dealt with by Council

or other governmental or regulatory bodies is unknown.

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Wagga Wagga Report

whom are the current directors and shareholders of Hore & Davies; and Robert Pottie from

Ladex Constructions Pty Ltd and Rocky Point Quarries Pty Ltd.

Councillor Kendall also has long standing business relationships, by way of their positions

and interests in Wollundry Investments Pty Ltd, with Christopher Chamberlain, chartered

accountant, of Chamberlains SBR Chartered Accountants (Wagga); John Tyrrell of

Southern Cross Developers Pty Ltd; and Allen Thompson, building designer of Allen C

Thompson Pty Ltd.

Riverina Paceway, Cartwrights Hill

In 2014 Harness Racing NSW (HRNSW) and Wagga Wagga City Council (WWCC) reached

an agreement for HRNSW to purchase and construct a paceway at Cartwrights Hill, approval

for which was given in November 2015 by the Southern Joint Regional Planning Panel

(Panel).

In February 2018 HRNSW submitted an amended development application. This application

included an increase in size of the proposed clubhouse, grandstand and a new marquee

pad. Issues about flooding were raised and considered in Council reports. The original flood

assessment found that minor flood impacts are unlikely to have any significant adverse

impact on the environment. An additional assessment report based on the planned

modifications reviewed the impacts on local catchment flooding, not just riverine flooding.

The report was also based on the current levee height not the completed raised levee as

the original reports had been.

In terms of riverine flooding, the findings of the report conclude that the modified layout

results in the same outcome as originally reported, that is that the flood impacts are no

greater than 0.02m and this increase will occur across open land to the south adjacent to

the track. With regard to the local-catchment (over-land) flooding there will be an impact as

a result of the development. This will be predominantly localised in the detention basin to

the south-west of the track where an increase of 0.17m is predicted. The detention basin on

site has been designed to capture this water and therefore there are no impacts outside of

the site.

HRNSW was responsible for the construction of the facility and appointed GHD Group as

the project manager for the new development. HRNSW also appointed McKinnon Design in

Orange to manage the procurement process by inviting expressions of interest for the

building and earthworks of paceway, the results of which would be used to select a tender

list for the project. From the tender list, HRNSW awarded the building and earthworks

contract to Ladex Construction Group Pty Ltd.

Combined Development Group Pty Ltd and Peter Thompson

Combined Development Group Pty Ltd (CDG) is a developer of residential subdivisions in

regional New South Wales. It developed Windmill Downs in Tamworth from 2013 to 2017 and is

developing a 214-lot residential subdivision at 86-112 Harris Road, Gobbagombalin.

Peter Thompson was General Counsel at Tamworth Regional Council from 2007 to 2017 and

was additionally appointed Director, Planning and Compliance from 2015 to 2017. In 2017 he

was appointed General Manager of WWCC.

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In January 2020 CDG requested Council to defer payment of infrastructure contributions for the

Gobbagombalin development to the value of was $5,403,925.80. In its place a bank guarantee

was offered, which a Council report recommended Council accept and defer the payments for 12

months.

Councillors Kendall and Dallas Tout, and Mayor Greg Conkey voted in favour of the motion,

however it was lost on the votes against of Councillors Braid, Funnell, Hayes, Keenan and

Koschel (Councillor Pascoe declared a pecuniary interest and vacated the chamber).

While the directors of CDG and Mr Thompson would have known one-another through their

previous dealings, no evidence was found of a relationship beyond their professional relationship.

Investigation Approach

Our investigation was conducted by examination of WWCC documents including councillor

declarations, reports, minutes, planning applications and other documents, Australian

Securities and Investments Commission (ASIC) reports and filings and the NSW Land

Register.

We also conducted informal interviews and conversations with current and former WWCC

councillors, managements and other relevant persons.

Disclaimer

The materials presented in this report are distributed as an information source only. Any

comments or conclusions made in this report are those of the author. Information is provided

on the basis that readers will be responsible for making their own assessment of the

information and advice to verify all relevant representations, statements and information that

are not listed as been verified. No liability in contract, tort or otherwise, will be accepted for

any loss or damage incurred as a result of or reliance upon any material contained in this

report, or for any information or advice provided in this report, or incorporated into it.

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2. COUNCILLOR’S PECUNIARY DECLARATIONS – INTERESTS & POSITIONS IN

COMPANIES

2.1 COMPANY DECLARATIONS

Interests and positions in corporations held by councillors and other designated persons are

required to be disclosed annually, pursuant to Part 8 of the Local Government (General)

Regulation 2005 (NSW).

Initial investigations of the following Councillors’ 2016/17 Pecuniary Interest Returns (PI)

were examined:

(1) Yvonne Braid (Attachment 1)

(2) Greg Conkey (Attachment 2)

(3) Paul Funnell (Attachment 3)

(4) Dan Hayes (Attachment 4)

(5) Val Keenan (Attachment 5)

(6) Rod Kendall (Attachment 6)

(7) Tim Koschel (Attachment 7)

(8) Kerry Pascoe (Attachment 8)

(9) Dallas Tout (Attachment 9)

2.2 RODNEY KENDALL

Councillor Kendall’s PI declarations from 2009/10 to 2018/19 have been examined 2 along

with his company positions and interests recorded by ASIC. 3

A number of discrepancies were found in the 10 PI returns and are summarised as follows:

• 17 counts of undeclared positions and interests;

• 16 counts of mischaracterising company’s principal objects of corporation;

• 7 counts of incorrect descriptions of interests in a company; and

• 1 count of incorrectly declaring to not be a property developer or a close

associate of a corporation that is a property developer (this requirement was

introduced in 2018).

2.2.1 UNDECLARED INTERESTS AND POSITIONS IN COMPANIES

The following companies were not declared on Councillor Kendall’s PI returns:

(1) GNS Care Pty Ltd 4

Date of Registration: 08/06/2012

Description of Position or Interest: Director

Appointed From/To: 08/06/2012 to 01/10/2014

Not Disclosed in Pecuniary Interest • 2012/13 • 2014/15

Returns:

• 2013/14

2

Rod Kendall, ‘Disclosure of Pecuniary Interests and Other Matters (2009/10)-(2018/19)(Attachments 6, 10-

18).

3

Rodney Kendall ASIC Name Search (Attachment 19).

4

GNS Care Pty Ltd ASIC Extract (Attachment 20).

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(2) The Mill Executive Apartments Pty Ltd 5

Date of Registration: 31/07/2014

Description of Position or Interest: Director and Beneficiary

Appointed From/To: 31/07/2014 to 02/03/2018

Not Disclosed in Pecuniary Interest • 2014/15 • 2016/17

Returns:

• 2015/16 • 2017/18

(3) Boorooma Estate Pty Ltd 6

Date of Registration: 17/04/2009

Description of Position or Interest: Beneficiary*

Appointed From/To: 17/04/2009 to 29/01/2020

Not Disclosed in Pecuniary Interest • 2015/16 • 2017/18

Returns:

• 2016/17 • 2018/19

*Note: Councillor Kendall’s interest in Boorooma Estate Pty Ltd is through his spouse,

Robyn Kendall, who holds a 20% interest in Horedav Pty Ltd, which in turn holds a 25%

interest in Boorooma Estate Pty Ltd. Councillor Kendall is also a director of Horedav Pty

Ltd. 7

(4) Kendsup Pty Ltd 8

Date of Registration: 10/06/2015

Description of Position or Interest: Director and Beneficiary

Appointed From/To: 10/06/2015

Not Disclosed in Pecuniary Interest

Returns:

• 2015/16

Councillor Kendall declared in his 2015/16 PI return his interest in The Kendall Family

Superannuation Fund, which itself has no legal identity. 9 This was not disclosed in

subsequent returns, however Kendsup Pty Ltd was disclosed in his 2016/17 return, and he

described the company’s Principal Object of Corporation as Trustee of Kendall Family Super

Fund. 10

2.2.2 MISCHARACTERISED DESCRIPTIONS OF PRINCIPAL OBJECTS OF

CORPORATION

(1) Boorooma Estate Pty Ltd

Date of Registration: 17/04/2009

Description of Position or Interest: Beneficiary

Dates Interests & Positions Held: 17/04/2009 to 29/01/2020

Stated Principal Objects of

Property Investment

Corporation:

Affected Pecuniary Interest Returns: • 2009/10 • 2012/13

5

The Mill Executive Apartments Pty Ltd ASIC Extract (Attachment 21).

6

Boorooma Estate Pty Ltd ASIC Extract (Attachment 22).

7

Horedav Pty Ltd ASIC Extract (Attachment 23).

8

Kendsup Pty Ltd ASIC Extract (Attachment 24).

9

Rodney Kendall, ‘Disclosure of Pecuniary Interests and Other Matters’ (2015/16)(Attachment 16).

10

Ibid (2016/17)(Attachment 17).

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• 2010/11

• 2011/12

• 2013/14

• 2014/15

Councillor Kendall submitted the company’s Principal Objects of Corporation in his

declarations from 2009/10 to 2014/15 (6) as property investment. 11 However it appears that

the company’s principal activity has been property development.

Residential Development

In May and June 2009 the company purchased three blocks of undeveloped land at 139–

151 Farrer Road, Boorooma for $2.525 million (Lots 1, 2 & 3 DP162899). 12 On 18 December

2009 Xeros Kendall Consulting Engineers, on behalf of Boorooma Estate, submitted a

development application (DA) to Council for a 101-lot subdivision for the erection of

residential dwellings (DA09/0910). 13

The application was referred to the Wagga Wagga Interim Joint Planning Panel, which

approved the application on 28 July 2010. Councillor Kendall was a panel member at the

meeting and declared that he had a pecuniary interest in this matter through his wife’s

interest as a part owner of the development and vacated the chamber during its

consideration. 14 The Panel approved the development of 99 residential lots and two large

development lots over four stages, as well as the construction of a number of roads and

installation of services.

Other than the three undeveloped parcels of land it purchased in 2009, which are the subject

of the Boorooma Estate 101-lot residential development (DA09/0910), the company has not

purchased or sold any other property. 15

Defining Property Investors

Property investors generally acquire land as an investment with the intention of using it to

earn assessable income (e.g. leases). Property investors may develop the land but, rather

than disposing of it soon after the completion of the project, they are likely hold on to the

property for a longer period of time. 16

Defining Property Developers

A property developer on the other hand typically carries on the business of acquiring,

subdividing and selling the subdivided land or acquiring and renovating property with the

intention of profit. 17

Additionally, s 53 of the Electoral Funding Act 2018 (NSW) defines a developer as:

(a) an individual or a corporation if—

11

Rodney Kendall, ‘Disclosure of Pecuniary Interests and Other Matters’ (2009/10)-2014/15)(Attachments

10-15).

12

Boorooma Estate Transfers, Lots 1-3/DP162899 (Attachment 25).

13

WWCC, ‘Section 79 Report of DA09/0910 Boorooma Estate’ (19 December 2016)(Attachment 26).

14

Wagga Wagga Interim Joint Planning Panel, ‘Minutes DA09/0910’ (28 July 2010), pp 2, 28 (Attachment

27).

15

Boorooma Estate Pty Ltd NSW Lands Index (Attachment 28).

16

Scott McGill, ‘Is Your Client A Property Developer?’ Pitcher Partners Accountants, Auditors & Advisors

(2017), p 32 (Attachment 29).

17

Ibid p 31.

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Wagga Wagga Report

(i) the individual or a corporation carries on a business mainly concerned with the

residential or commercial development of land, with the ultimate purpose of the sale or

lease of the land for profit, and

(ii) in the course of that business--

(A) 1 relevant planning application has been made by or on behalf of the

individual or corporation

(b) a person who is a close associate of an individual or a corporation referred to in

paragraph (a).

A "close associate" of a corporation means each of the following--

(a) a director or officer of the corporation or the spouse of such a director or officer,

(b) a related body corporate of the corporation,

(c) a person whose voting power in the corporation or a related body corporate of the

corporation is greater than 20% or the spouse of such a person.

Further, the Wagga Wagga Interim Joint Planning Panel which approved the DA on 28 July

2010, referred to it as a development. For example, ‘The development must be carried out

in accordance with the approved plans’; ‘The development shall be constructed in stages…’;

and ‘The developer is to submit a soil and water management plan…’. 18 (emphasis added)

On this basis, there are six counts of Boorooma Estate’s Principal Objects of Corporation

being mischaracterised as property investment on Councillor Kendall’s PI Returns.

(2) Horedav Pty Ltd

Date of Registration: 29/06/1998

Description of Position or Interest: Director and Beneficiary

Dates Interests Held:

20/08/2009 to Current

Stated Principal Objects of

Property Investment

Corporation:

Affected Pecuniary Interest Returns: • 2009/10 • 2014/15

• 2010/11 • 2015/16

• 2011/12 • 2016/17

• 2012/13 • 2017/18

• 2013/14 • 2018/19

The company was incorporated in June 1998 by Robert Leslie Davies and Thomas John

Davies, both of whom are former directors of Hore & Davies Real Estate Pty Ltd. 19 They are

also both directors and beneficiaries with Councillor Kendall of Wollundry Investments Pty

Ltd. 20

Councillor Kendall was appointed director of the company on 20 August 2009 and continues

in this position currently. Robyn Kendall became a 20% shareholder of the company the

18

Wagga Wagga Interim Joint Planning Panel, ‘Minutes DA09/0910’ (28 July 2010), pp 11-12, 15

(Attachment 27).

19

Hore & Davies Real Estate ASIC Extract (Attachment 30).

20

Wollundry Investments Pty Ltd ASIC Extract (Attachment 31).

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following day, on 21 August 2009. 21 Councillor Kendall’s declaration that he is a beneficiary

of the company is on the basis that he is the spouse of Robyn Kendall.

Description of Principal Objects of Corporation

Councillor Kendall declared in his PI returns from 2009/10 to 2018/19 (10) that Horedav’s

Principal Objects of Corporation to be property investment. However, the company has

never bought or sold property in its own name. The company’s only known activity is its 25%

share in Boorooma Estate Pty Ltd, which it acquired on 17 April 2009. Boorooma Estate Pty

Ltd then purchased three undeveloped lots in May and June 2009 and in December 2009

submitted to Council an application for a 101-lot residential subdivision of those blocks (see

2.2.2, above).

The company does not have an interest in any other corporation other than in Boorooma

Estate Pty Ltd (present or past). 22

Horedav’s Principal Objects of Corporation appears to be property development rather than

property investment because of its sole interest in Boorooma Estate Pty Ltd, and because

of Boorooma Estate’s apparent Principal Objects of Corporation being property

development.

2.2.3 INCORRECT INTEREST IN CORPORATIONS

(1) The Mary Potter Nursing Home & the Ethel Forrest Day Care Centre Pty Ltd

Description of Position or Interest: Director and Beneficiary

Appointed From/To:

19/06/2007 to Current

Principal Objects of Corporation: Nursing Home for the Aged

Affected Pecuniary Interest Returns: • 2011/12 • 2015/16

• 2012/13 • 2016/17

• 2013/14 • 2017/18

• 2014/15

Councillor Kendall was appointed as director in August 2007 (one of 12 directors). 23 In seven

of his PI returns he declared himself to be a beneficiary of the company. In the three other

returns he declared himself as a ‘board member’ (2018/19) and a ‘non-beneficiary’ (2009/10

and 2010/11).

However the company, which was incorporated in 1983, is a registered charity with no

dividends payable to shareholders and on a winding-up no persons or organisations other

than exempted charities or registered charities shall receive any of the assets or proceeds

of assets of the company. 24

In the absence of evidence to the contrary, it appears that Councillor Kendall has incorrectly

stated that he is a beneficiary of this company (seven counts) because of its charity status.

21

Horedav Pty Ltd ASIC Extract (Attachment 23).

22

Horedav Pty Ltd ASIC Relationship Search (Attachment 32).

23

The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd ASIC Extract (Attachment 33).

24

The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd, 'Memorandum of Association' (1982) p

11 (Attachment 34).

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Wagga Wagga Report

2.2.4 MISSTATED DISCLOSURE – WHETHER A PROPERTY DEVELOPER OR A

CLOSE ASSOCIATE OF A CORPORATION THAT IS A PROPERTY

DEVELOPER

From 14 June 2019 Declarations of Pecuniary Interests require a person making a return to

disclose whether they were a property developer, or a close associate of a corporation or

person who is a property developer. 25 This requirement includes the period from 1 July 2018

to 30 June 2019.

Councillor Kendall disclosed in his 2018/19 PI Return that he was not a property developer

or a close associate of a corporation or individual who is a property developer. 26

A "close associate" of a corporation means each of the following–

(a) a director or officer of the corporation or the spouse of such a director or officer,

(b) a related body corporate of the corporation,

(c) a person whose voting power in the corporation or a related body corporate of the

corporation is greater than 20% or the spouse of such a person. 27

On the evidence reported at 2.2.2 above, Boorooma Estate Pty Ltd appears to have

operated as a property developer and Horedav’s only activity was its 25% interest in

Boorooma Estate Pty Ltd. Councillor Kendall is a director of Horedav Pty Ltd 28 and his

spouse, Robyn Kendall, held a 20% interest in Boorooma Estate Pty Ltd. 29

2.3 COUNCILLOR KERRY PASCOE

An ASIC Name Extract Search found that Councillor Pascoe presently holds three

proprietary companies. 30

(1) Blake Street Pty Ltd

ACN: 629 697 712

Registration Date: 30/10/2018

Principal Place of Business: 95 Tarcutta St, Wagga Wagga NSW 2650

Directors: 1. Kerry David Pascoe (appointed 30/10/2018)

Shareholders:

1. Kerry David Pascoe

Principal Activity:

Construction

Legal/Adverse:

Nil

The company was incorporated in October 2018 by Councillor Pascoe, who is the sole

director and shareholder. 31 The company’s activity is believed to involve a demolition and

25

WWCC, ‘Code of Conduct’ (2019) sch 1, cls 16-17 (Attachment 35).

26

Rodney Kendall, ‘Disclosure of Pecuniary Interests and Other Matters’ (2018/19) (Attachment 18).

27

Electoral Funding Act 2018 (NSW) s 53.

28

Horedav Pty Ltd ASIC Extract (Attachment 23).

29

Boorooma Estate Pty Ltd ASIC Extract (Attachment 22).

30

Kerry Pascoe ASIC Name Search (Attachment 36).

31

Blake Street Pty Ltd ASIC Extract (Attachment 37).

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construction of a mix-use development at 12 Blake Street, Wagga Wagga (DA19/0125). 32

The development application was lodged on 8 March 2019 and was approved by Council at

the Ordinary Meeting of Council held on 24 June 2019. 33 Councillor Pascoe declared a

pecuniary interest in the matter and vacated the chamber when the application was

considered. 34

(2) Davtil Pty Ltd

ACN: 001 374 992

Registration Date: 24/06/1976

Principal Place of Business: 82 Tarcutta St, Wagga Wagga NSW 2650

Directors: 1. Kerry David Pascoe (appointed 24/06/1976)

Shareholders: 1. Kerry David Pascoe (50%)

2. Diane Margaret Pascoe (50%)

Principal Activity:

Construction

Legal/Adverse:

Nil

The company was incorporated in 1976 by Councillor Pascoe and Diane Pascoe, who hold

an equal share as direct and indirect beneficiaries. 35

The company holds the business name of Pascoe Constructions, 36 which operates as a

residential and commercial builder. 37

(3) Kinjella Pty Ltd

ACN: 001 762 956

Registration Date: 11/07/1979

Principal Place of Business: 83 Trail St, Wagga Wagga NSW 2650

Directors: 1. Kerry David Pascoe (appointed 11/07/1979)

Shareholders: 1. Kerry David Pascoe (50%)

2. Diane Margaret Pascoe (50%)

Principal Activity:

Construction

Legal/Adverse:

Nil

The company was incorporated by Kerry Pascoe in July 1979, who with Diane Pascoe each

hold a 50% share. 38 The company operates as the owner of the Charles Sturt Suites and

Apartments at 82 Tarcutta Street, Wagga Wagga. 39

32

WWCC, 'Notice of Determination of Development Application DA19/0125 (24 June 2019)(Attachment 38).

33

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (24 June 2019) p 8 (Attachment 39).

34

Ibid p 8.

35

Davtil Pty Ltd ASIC Extract (Attachment 40).

36

Pascoe Constructions ASIC Business Name Extract (Attachment 41).

37

Pascoe Constructions, Facebook Page (viewed on 10 May 2020)

.

38

Kinjella Pty Ltd ASIC Extract (Attachment 42).

39

Charles Sturt Suites & Apartments ASIC Business Name Extract (Attachment 43).

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3. DISCLOSURES OF PECUNIARY AND NON-PECUNIARY INTERESTS AT

COUNCIL AND REGIONAL PLANNING MEETINGS – RODNEY KENDALL

3.1 Pecuniary and Non-Pecuniary Conflicts of Interests

A councillor who has a pecuniary or non-pecuniary interest in any mater with which the

council is concerned, and is present at a meeting at which the matter is being considered,

must disclose the nature of the interest to the meeting as soon as practicable. 40

There are three levels of pecuniary and non-pecuniary interests which must be. These rules

apply similarly at council meetings as with regional planning panel meetings.

(1) A pecuniary interest is an interest that a councillor has in a matter because of a

reasonable likelihood or expectation of an appreciable financial gain or loss to the

councillor.

This also applies to an interest held by a councillor’s spouse, relative, partner or

employer, or a company or other body of which the councillor, nominee, partner or

employer is an officer or shareholder.

The councillor must not be present at, or in sight of, the meeting of the council: (a) at

any time during which the matter is being considered or discussed by the council; or

(b) at any time during which the council is voting on any question in relation to the

matter.

(2) A significant non-pecuniary interest is an interest a council member has which does

not amount to a pecuniary interest. Such an interest exists where a reasonable and

informed person would perceive that the councillor could be influenced by a private

interest when carrying out their official functions in relation to a matter.

Generally these include relationships between a councillor and another person who

is affected by a decision or matter under consideration that is particularly close. It also

includes a financial interest the councillor may have that is also less than a pecuniary

interest, such as being an officeholder of a company which might be affected by a

decision or matter under consideration by council.

A significant non-pecuniary interest must be managed in one of two ways: (a) by not

participating in consideration of or the decision making in relation to the matter in

which the councillor has a significant non-pecuniary conflict of interest and the matter

being allocated to another person for consideration or determination; or (b) the

councillor must not be present at the council meeting at any time during which the

matter is being considered or discussed, or at any time during which the council is

voting on any question in relation to the matter.

(3) A non-significant, non-pecuniary interest is an interest a councillor has which does

not meet the standards of the previous two levels of an interest. Such an interest must

be declared, however the councillor may participate in the consideration or vote on

the any question in relation to the matter. The councillor must also explain in writing

40

WWCC Code of Conduct (2019) cls 4.1–4.5, 4.28–4.31, 5.1–5.11 (Attachment 35).

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Wagga Wagga Report

why they consider that the non-pecuniary conflict of interest is not significant and

does not require further action in the circumstances.

3.2 Non-Disclosure of Conflicts of Interests at Council Meetings – Councillor

Kendall

Based on the interests and positions in corporations Councillor Kendall has held after 2010,

council meetings and regional planning panel meetings from 2010 to 2019 were examined

in which he is on record as attending.

13 instances were found in which Councillor Kendall may have had a conflict between his

own interests and the interests of the Council but failed to declare them at the meetings.

(1) The Mill Development 50 Edward Street, Wagga Wagga

Councillor Kendall was a director and shareholder of The Mill Executive Apartments Pty Ltd

from 31 July 2014 to 2 March 2018. 41 The company’s Registered Office and Principal Place

of Business was at 97 Edward Street, Wagga Wagga, which was located directly across the

street from the former Murrumbidgee Flour Mill (referred to as The Mill) 42 at 50 Edward

Street.

On 9 November 2017 Interlink Wagga Central Pty Ltd (Interlink) lodged a development

application for the construction and re-use of the The Mill. 43 Interlink is the stated owner of

the land according to the development application. The company’s ASIC extract lists the

company’s directors are Yanying Chen and Yu Xiao. 44

The relationship between The Mill Executive Apartments Pty Ltd and Interlink, if any, has

not been ascertained. However, the company’s other director and 50% shareholder was

Joshua Eldridge, son of former WWCC General Manager Alan Eldridge. Joshua Eldridge is

a licensed real estate agent, 45 a former director of E Properties Wagga Pty Ltd and Eldridge

First National Real Estate. Both companies were registered at 97 Edward Street, Wagga

Wagga. 46

ln July 2015 Mr Eldridge was promoting the sale of apartments at The Mill on behalf of

Eldridge First National Real Estate. 47

41

The Mill Executive Apartments Pty Ltd ASIC Extract (Attachment 21).

42

WWCC, ‘Section 79C Report of Development Application DA16/0390’ (14 September 2016) p 2

(Attachment 44); Engineers Australia, ‘”The Mill”, An Iconic Wagga Wagga Building – Site Tour’ (viewed

online 1 May 2020) .

43

WWCC, ‘Section 79 Report of Development Application DA17/0663 (1 March 2018), p 1 (Attachment 45).

44

Interlink Wagga Central Pty Ltd ASIC Extract (Attachment 46).

45

Service NSW, ‘Real Estate Licence Check’ Joshua Lee Eldridge (online, viewed 20 May 2020)(Attachment

47).

46

Service NSW, ‘Real Estate Licence Check’ E Properties Wagga Pty Ltd (online, viewed 20 May

2020)(Attachment 48).

47

Shane Manning, 'Tenant Rumour Mill' Wagga Daily Advertiser (Wagga Wagga, 2 July 2015)(Attachment

49).

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Wagga Wagga Report

(i) Southern Joint Regional Planning Panel 20 February 2018

The Interlink development application was referred to the Southern Joint Regional Planning

Panel and was considered at a meeting held on 20 February 2018. Councillor Kendall was

a member of the Panel and is on record to have attended the meeting and considered and

voted in favour of a grant of development consent. 48

However, there is no record in the minutes of the meeting that Councillor Kendall disclosed

his beneficial interest in The Mill Executive Apartments Pty Ltd. The close physical proximity

of Councillor Kendall’s company to The Mill site, coupled with a company name which had

a likeness to The Mill, reasonably indicates that Councillor Kendall may have had a

reasonable likelihood or expectation of appreciable financial gain when he considered and

voted in favour to approve the development application. He may therefore have had a

conflict of interest.

Councillor Kendall had previously declared a non-pecuniary interest at the Ordinary Council

Meeting held on 29 August 2011 over Council’s consideration of The Wagga Wagga Mill

Masterplan because ‘there was a good likelihood that he would be undertaking paid work

on the Wagga Wagga Mill project’. 49

(2) Wagga Wagga Air Hangar Pty Ltd

Councillor Kendall was the sole director and shareholder of Wagga Wagga Air Hangar Pty

Ltd from its incorporation on 3 May 2005 through to 18 October 2016. 50 During this time the

company’s Principal Place of Business was Wagga Wagga Airport, Forest Hill, New South

Wales.

He had declared his position and beneficial interest in the company in his PI returns from

2009/10 to 2015/16. He stated that the company’s Principal Objects of Corporation was

property investment. A search of the NSW Lands Register found no dealings (purchases,

sales or registered leases). No other information about the company’s activities has been

ascertained.

(i) Extraordinary Meeting of Council 19 December 2011

Douglas Aerospace Pty Ltd (Douglas Aerospace) is an aircraft refurbishment company

servicing the aviation industry including the general, corporate, commercial and military

sectors. It was based in Tocumwal. On 27 July 2011 the company lodged a development

application for the construction of a dual hangar, workshop and office complex of

approximately 4,900sqm (DA11/0361). This had an expected value of $3,764,565. The

proposed location of the development was at the Wagga Wagga Airport’s Commercial

Aviation Precinct, Precinct 2A, at 140 Elizabeth Avenue, Forest Hill. The application was

approved by delegation on 10 November 2011. 51

48

Southern Joint Regional Planning Panel, 'Determination and Statement of Reasons DA17/0663 at 50

Edward St, Wagga Wagga’ (20 February 2018) (Attachment 50).

49

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (29 August 2011) pp 3, 15 (Attachment 51).

50

Wagga Wagga Air Hangar Pty Ltd ASIC Extract (Attachment 52).

51

WWCC, ‘Section 79C Report for Development Application DA11/0361’ (11 November 2011) (Attachment

53).

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Wagga Wagga Report

A confidential report tabled at the Extraordinary Meeting of Council on 19 December 2011

provided councillors with an update on the progress of Douglas Aerospace’s relocation to

Wagga Wagga Airport, including the commercial terms of Council to provide a $2,500,000

loan to Douglas Aerospace to assist the building of their facilities. 52

An economic impact assessment supporting the proposal to provide assistance to Douglas

Aerospace to relocate its operations to Wagga Wagga included: 53

Wagga Wagga’s aviation sector has the potential to increase its direct output by $117.2

million in the future, equating to an additional industry value add of $52.5 million each year.

Additional employment created by the sector is likely to support approximately 269 direct

employees and 188 indirect employees, further highlighting that the growth of the sector

could create a significant number of (new) jobs in the local Wagga Wagga economy.

According to the Minutes of the Extraordinary Meeting on 19 December 2011, Councillor

Kendall put forward a motion for Council to provide a commercial loan to Douglas Aerospace

Pty Ltd to partially fund the construction costs of an aircraft hangar at Wagga Wagga Airport

in the amount of $2,000,000. The Council had approved a development application

submitted by Douglas Aerospace Pty Ltd on 10 November 2011 (DA11/0361) for the

construction of the hangar.

There is no record in the minutes that Councillor Kendall declared he was the sole director

and beneficial owner of Wagga Wagga Air Hangar Pty Ltd, and whether or not he had a

pecuniary, non-pecuniary (significant) or non-pecuniary (non-significant) interest in

considering the approval of the loan to Douglas Aerospace Pty Ltd.

(ii) Ordinary Meeting of Council 30 January 2012

At this meeting, Councillor Kendall and Councillor Geale put a motion to the meeting for

Council to authorise the provision of the loan to Douglas Aerospace as set out above

(CONF-8; 12/032.8).

The minutes of the meeting do not record that Councillor Kendall declared any conflict of

interest (pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may

or may not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty

Ltd when this motion was considered. 54

(iii) Supplementary Meeting of Council 12 May 2014

Councillor Kendall is recorded in the minutes to have been in attendance at this meeting. A

motion was put to councillors (CONF-1; 14/115) that Council: 55

a

b

receive and note the report on loan arrangements with Douglas Aerospace Pty Ltd

notify Douglas Aerospace Pty Ltd that there be no variation to the current repayment

arrangements

52

WWCC, 'Commercial Arrangements with Douglas Aerospace Pty Ltd' (Report, 19 December

2011)(Attachment 54).

53

Ibid

54

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (30 January 2012) pp 24–5 (Attachment 55).

55

WWCC, ‘Minutes of the Supplementary Meeting of Council’ (12 May 2014) p 4 (Attachment 56).

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Wagga Wagga Report

c

endorse the actions and processes documented in the confidential session of Council

The motion was carried.

The minutes of the meeting do not record that Councillor Kendall declared any conflict of

interest (pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may

or may not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty

Ltd when this motion was considered.

(iv) Supplementary Meeting of Council 13 October 2014

Councillor Kendall is recorded in the minutes to be in attendance at this meeting. A

confidential report was tabled, Conf-2 ‘Douglas Aerospace Loan Agreement’. A motion was

put to the Council and was carried: 56

[T]hat Council confirm the approach regarding its arrangements with Douglas Aerospace Pty

Ltd as outlined in the body of the report and with the additions agreed by Council.

The minutes do not record that Councillor Kendall declared any conflict of interest

(pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may or may

not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty Ltd when

this motion was considered.

(v) Ordinary Meeting of Council 27 October 2014

Councillor Kendall is recorded in the minutes to be in attendance at this meeting. He put to

the meeting a Confidential Mayoral Minute: CONFMM-1 ‘Mayoral Minute – Commercial

Loan Arrangements – Douglas Aerospace Pty Ltd’: 57

[T]hat Council confirm the approach regarding its arrangements with Douglas Aerospace Pty

Ltd as outlined in the body of the report.

The motion was carried.

The minutes do not record that Councillor Kendall declared any conflict of interest

(pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may or may

not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty Ltd when

this motion was considered.

(vi) Supplementary Meeting of Council 11 May 2015

Councillor Kendall is recorded in the minutes to be in attendance at this meeting. He put

motion to the meeting as a Confidential Mayoral Minute: CONFMM-1 ‘Voluntary

Administration – Traxion and Douglas Aerospace Pty Ltd’, that Council: 58

a

resolve to undertake the actions outlined in Separate Cover Attachment 1 as modified

regarding Douglas Aerospace

56

WWCC, ‘Minutes of the Supplementary Meeting of Council’ (13 October 2014) p 4 (Attachment 57).

57

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (27 October 2014) p 23 (Attachment 58).

58

WWCC, ‘Minutes of the Supplementary Meeting of Council’ (11 May 2015) p 5 (Attachment 59).

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Wagga Wagga Report

The motion was carried.

The minutes do not record that Councillor Kendall declared any conflict of interest

(pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may or may

not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty Ltd when

this motion was considered.

(vii) Extraordinary Meeting of Council 29 May 2015

Councillor Kendall is recorded in the minutes to be in attendance at this meeting. A motion

was put to the meeting based on Confidential Report CONF-1 ‘Douglas Aerospace Pty Ltd

– Voluntary Liquidation’, that Council: 59

a

support the general intent of the proposal for a Deed of Company Arrangement noting

the need for further refinement of negotiations with various parties

The motion was carried.

The minutes contain no record that Councillor Kendall declared any conflict of interest

(pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may or may

not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty Ltd when

this motion was considered.

(viii) Ordinary Meeting of Council 29 June 2015

Councillor Kendall is recorded in the minutes to be in attendance at this meeting. A Matter

of Urgency was put to the meeting based on a report regarding the Douglas Aerospace Pty

Ltd: CONFMOU-1 ‘Matter of Urgency – Douglas Aerospace Pty Ltd in Voluntary Liquidation’,

that Council: 60

That Council endorse the recommendations outlined in the body of the report

The motion was carried.

The minutes do not record that Councillor Kendall declared any conflict of interest

(pecuniary; non-pecuniary (significant); or non-pecuniary (non-significant)) he may or may

not have had as the director and beneficial owner of Wagga Wagga Air Hangar Pty Ltd when

this motion was considered.

(ix) Supplementary Meeting of Council 7 December 2015

Councillor Kendall is recorded in the minutes to be in attendance at this meeting. He put a

motion to the meeting, CONFMM-1 ‘Douglas Aerospace Ne, that Council: 61

a

authorise the Mayor and General Manager to continue negotiations and implement the

actions outlined in the separate cover confidential memorandum presented to Councillors

59

WWCC, ‘Minutes of the Supplementary Meeting of Council’ (29 May 2015) p 3 (Attachment 60).

60

WWCC, Minutes of the Ordinary Meeting of Council’ (29 June 2015) p 27 (Attachment 61).

61

WWCC, 'Minutes of the Supplementary Meeting of Council' (7 December 2015) p 6 (Attachment 62).

18


Wagga Wagga Report

The motion was carried.

The minutes do not record that Councillor Kendall any conflict of interest (pecuniary; nonpecuniary

(significant); or non-pecuniary (non-significant)) he may or may not have had as

the director and beneficial owner of Wagga Wagga Air Hangar Pty Ltd when this motion was

considered.

3.3 Other Conflicts of Interests Not Declared at Meetings

Three other apparent conflicts of interests in council meetings found to have not been

declared by Councillor Kendall when the matters were considered and voted on.

(1) Ordinary Meeting of Council 27 February 2012

Matter: Review of Determination of DA11/0243 for Demolition of Dwellings and Erection of

Serviced Apartments, 6-8 Barlow Street, Wagga Wagga (SC-4 RP-4 REV 11/0005)

Resolved: • The Motion on being put to the meeting was lost, leaving the review

undetermined.

• The Motion to declare the development a prohibited development under the

Wagga Wagga Local Environmental Plan

Councillor Kendall voted in favour of the first motion and against the second motion. The

approved plans for this development, which were recorded in the minutes, show that seven

out of the eight documents were prepared by Kendall Design & Drafting, a business owned

by Councillor Kendall’s son, Christopher William Kendall. 62

The minutes of the meeting do not record that Councillor Kendall declared any conflict of

interest (pecuniary; significant, non-pecuniary; or non-significant, non-pecuniary) he may or

may not have had on the basis that a family member was affected by this matter when it

was considered at the meeting. 63

By comparison, at the Ordinary Meeting of Council on 29 July 2013, Councillor Kendall

declared a significant non-pecuniary interest in relation to a development application

considered by Council because Christopher Kendall was the building designer. The minutes

of that meeting record that Councillor Kendall vacated the Chamber during its

consideration. 64

(2) Ordinary Meeting of Council 29 September 2014

Matter:

Resolved:

PSRP-4 Two Double Storey Units, Lot 171 DP 996986, 60 Crampton Street, Wagga

Wagga

14/257 on the Motion of Councillors A Brown and K Pascoe, that Council approve

DA14/0204 for two (2) double-dtorey units at rear of existing dwelling, subject to

conditions

Councillor Kendall voted on the resolution for this development. The development

application relied upon nine approved plans or documents prepared by Allen Charles

62

Kendall Design & Drafting (as it was formerly named) ABN Extract (Attachment 63).

63

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (27 February 2012) pp 22, 34 (Attachment 64).

64

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (29 July 2013) pp 3, 6–7 (Attachment 65).

19


Wagga Wagga Report

Thompson. 65 At the material times Councillor Kendall and Mr Thompson were business

partners, as directors and beneficiaries of Wollundry Investments Pty Ltd. 66

The minutes of the meeting do not record that Councillor Kendall declared any conflict of

interest (pecuniary; significant, non-pecuniary; or non-significant, non-pecuniary) he may or

may not have had on the basis that a close business associate was affected by the

consideration and decision of the matter at the meeting.

(3) Ordinary Meeting of Council 27 November 2014

Matter:

Motions:

PSRP-11 Major recreational facility – Wokolena Motor Racing Track and Driver

Training Centre (DA11/0625)

1. That Council approve DA11/0625

2. Amendment to defer consideration of the development application

3. Amendment to consider varying conditions

4. That Council approve DA11/0625

Councillor Kendall voted on four motions for this development. The development application

relied upon four approved plans or design documents prepared by Allen Charles

Thompson. 67 At the material times Councillor Kendall and Mr Thompson were business

partners, as directors and beneficiaries of Wollundry Investments Pty Ltd. 68

The minutes of the meeting do not record that Councillor Kendall declared any conflict of

interest (pecuniary; significant, non-pecuniary; or non-significant, non-pecuniary) he may or

may not have had on the basis that a close business associate was affected by the

consideration and decision of the matter at the meeting.

65

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (29 September 2014), pp 26–27 (Attachment 66).

66

Wollundry Investments Pty Ltd ASIC Extract (Attachment 31).

67

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (24 November 2014), pp 5 (Attachment 67).

68

Wollundry Investments Pty Ltd ASIC Extract (Attachment 31).

20


4. RELATIONSHIPS BETWEEN RODNEY KENDALL AND REAL ESTATE

ENTITIES, DEVELOPERS and OTHERS

Wagga Wagga Report

Councillor Kendall has long standing relationships through business with the following

persons who are or have been associated with real estate, property development and other

associated entities. These entities are summarised in Section 5.

(1) Robert Leslie Davies

Robert Davies was a director and majority shareholder of Hore & Davies Real Estate from

1980 to 2014. 69

Robert Davies and Councillor Kendall are directors and beneficiaries of:

(i) Wollundry Investments Pty Ltd, since 25/08/1999; 70

(ii) Southfork (Wagga) Pty Ltd, since 28/08/2007; 71

Robert Davies also took over as director from Councillor Kendall of Wagga Wagga Air

Hangar Pty Ltd on 18 October 2016. 72

(2) Thomas John Davies

Thomas Davies was a director and shareholder of Hore & Davies Real Estate Pty Ltd from

October 1986 to December 2009. 73

Thomas Davies and Councillor Kendall are directors and beneficiaries of Horedav Pty Ltd. 74

This relationship commenced when Councillor Kendall was appointed as a director on 20

August 2009.

(3) John Ralph Bittar

John Bittar is a real estate agent 75 and currently one of two directors and shareholders of

Hore & Davies Real Estate. 76 He was also a director of Boorooma Estate Pty Ltd from its

incorporation on 17 April 2009 through to its deregistration on 29 January 2020. 77

John Bittar and Councillor Kendall are directors and beneficiaries of Horedav Pty Ltd. 78 This

relationship commenced when they were both appointed on 20 August 2009.

Hore & Davies Real Estate Pty Ltd also holds a 15% share of Wollundry Investments Pty

Ltd. 79

69

Hore & Davies Real Estate Pty Ltd ASIC Extract (Attachment 30).

70

Wollundry Investments Pty Ltd ASIC Extract (Attachment 31).

71

Southfork (Wagga) Pty Ltd ASIC Extract (Attachment 68).

72

Wagga Wagga Air Hangar Pty Ltd ASIC Extract (Attachment 52).

73

Hore & Davies Real Estate Pty Ltd ASIC Extract (Attachment 30).

74

Horedav Pty Ltd ASIC Extract (Attachment 23).

75

Service NSW, ‘Real Estate Licence Check’ John Ralph Bittar (online, viewed 9 April 2020)(Attachment 69).

76

Hore & Davies Real Estate Pty Ltd ASIC Extract (Attachment 30).

77

Boorooma Estate Pty Ltd ASIC Extract (Attachment 22).

78

Horedav Pty Ltd ASIC Extract (Attachment 23).

79

Hore & Davies Real Estate Pty Ltd ASIC Extract (Attachment 30).

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Wagga Wagga Report

(4) Susana Shirley Alleva

Susana Alleva is licensed real estate agent 80 and a director and shareholder of Hore &

Davies Real Estate Pty Ltd. She and Councillor Kendall are directors and beneficiaries of

Horedav Pty Ltd. 81 This relationship commenced when they were both appointed on 20

August 2009.

(5) Richard John Pottie

Richard Pottie is a director of Ladex Construction Group Pty Ltd (Ladex), Rocky Point

Quarries Pty Ltd, Pottie Industries Pty Ltd, Junee Lifestyle Village Pty Ltd and Erinvale

Superannuation Pty Ltd. 82

Richard Pottie has been in business with Councillor Kendall as directors and beneficiaries of

Wollundry Investments Pty Ltd since 1999. Ladex holds a 15% share in Wollundry Investments

Pty Ltd. 83

(i)

Ladex Construction Group Pty Ltd

ACN: 082 076 784

Registration Date: 24/03/1998

Principal Place of Business: 35 Bomen Road, Wagga Wagga South NSW 2650

Directors: 1. Richard John Pottie (appointed 09/04/1987)

Shareholders:

1. Richard John Pottie

Principal Activity:

Construction/Earthworks

Legal/Adverse:

Nil found

Ladex is a proprietary company incorporated in 1998. Its sole director and shareholder since

incorporation is Richard John Pottie. 84 The company specialises in construction and

excavation in the commercial, retail and industrial sectors. 85

Ladex has also been awarded at least nine works contracts by WWCC since 2010 (valued at up

to $5,545,611). 86 The company has been awarded contracts by other bodies, including the

construction tender by HRNSW for the earthworks of the construction of the Riverina Paceway.

Ladex holds no real property in New South Wales. On 22 May 2000 Ladex entered into a

lease agreement with Wollundry for Office 102 for five years with a further five year option

for an initial rent of $9,040.00 per annum. 87 This office was Ladex’s Registered Office and

Principal Place of Business from 1 July 2002 to 24 May 2012.

80

Service NSW, ‘Real Estate Licence Check’ Susana Shirley Alleva (online, viewed 16 May

2020)(Attachment 70).

81

Horedav Pty Ltd ASIC Extract (Attachment 23).

82

Richard and Susan Pottie ASIC Personal Name Index (Attachment 71).

83

Wollundry Investments Pty Ltd ASIC Extract (Attachment 31).

84

Ladex Construction Group ASIC Extract (Attachment 72).

85

Ladex Construction Group Pty Ltd .

86

WWCC Annual Reports 2009/10-2018/19 .

87

Ladex Property Lease, 'Office 102, 63-65 Johnston St Wagga Wagga 22 May 2000 (Attachment 73).

22


Wagga Wagga Report

(ii)

Rocky Point Quarries Pty Ltd

ACN: 122 259 965

Registration Date: 18/10/2006

Principal Place of Business: 35 Bomen Road, Wagga Wagga South NSW 2650

Directors: 1. Duncan James McCallum (appointed 18/10/2006)

2. Richard John Pottie (appointed 18/10/2006)

Shareholders: 1. Ladex Construction Group Pty Ltd (50%)

2. Duncan James McCallum and Leonie McCallum (50%)

Principal Activity:

Sand/Gravel Producer and Wholesaler

Legal/Adverse:

Nil found

Rocky Point Quarries Pty Ltd (RPQ) is 50% held by Ladex with Richard Pottie being the Managing

Director. 88 The company was incorporated on 18 October 2006 by Richard Pottie and Duncan

McCallum. Duncan McCallum and Leonie McCallum hold the other 50% of the company.

RPQ operates as a sand/gravel producer and wholesaler based at 35 Bomen Road, Bomen, New

South Wales 2650. It sources its materials from a quarry at 590 Tooyal Road, Euberta, a property

held by Marie Teresa Anderson. 89

RPQ has been awarded numerous contracts by WWCC from 2010 to 2019 valued at up to

$13,755,385 for the provision of winning and crushing of gravel, and supply of road pavement

materials. Some of these contracts have been shared with other companies. 90

Duncan and Leonie McCallum are also the directors and shareholders of D & L McCallum

Pty Ltd, an excavating and earthworks company based in Coolamon, New South Wales. This

company has also been awarded WWCC contracts valued at up to $5,422,040 between

20009/10 and 2018/19. 91

RPQ attracted media attention in 2017 following an internal report tabled at a WWCC meeting on

24 April 2017, 92 which recommended that Council pay $300,000 to seal Tooyal Road, Euberta.

This stems from a development application RPQ submitted to Council in 2011 to expand its quarry

operation at 590 Tooyal Road, Euberta (DA09/0872).

One of the conditions of the approval was to seal 5.4 kilometres of Tooyal Road. The report

revealed the former Director of Infrastructure made a verbal agreement that Council would pay to

seal the road. However, no record of the agreement was filed, nor was it reported to Council or

the cost included in any budget estimates. 93 The Council considered this issue and unanimously

voted to hold RPQ liable to pay for the costs of sealing Tooyal Road. Councillor Kendall declared

a ‘significant non-pecuniary interest’ and vacated the chamber while this issue was dealt with. 94

88

Rocky Point Quarries Pty Ltd ASIC Extract (Attachment 74); See also, Committee 4 Wagga, Board of

Management, Richard Pottie Profile .

89

590 Tooyal Road, Euberta NSW Title and Dealing (Attachment 75).

90

WWCC Annual Reports 2009/10-2018/19 .

91

Ibid.

92

WWCC, 'Agenda and Business Paper - Ordinary Meeting of Council’ (24 April 2017) pp 111-3 (Attachment 76).

93

Stephen Mudd, ‘Wagga City Council Enforces Rocky Point Quarries’ Development Conditions’ The Leader

(Wagga Wagga, 26 April 2017) .

94

WWCC, ‘Minutes of the Ordinary Meeting of Council’ (24 April 2017), p 13 (Attachment 77).

23


Wagga Wagga Report

Investigations found that the council officer who is believed to have made the purported deal

with RPQ was Terry Dodds. At the material times between July 2009 and October 2010 he

was the Director of Infrastructure Services. 95 He is currently the Tenterfield Shire Council Chief

Executive Officer. 96 No direct relationship has been found outside of WWCC between Terry

Dodds and Richard Pottie or Duncan McCallum.

(iii)

Ladysmith Constructions Pty Ltd (in liquidation)

ACN: 003 235 078

Registration Date: 03/02/1987

Deregistration Date:

12/09/2007 (external administration)

Principal Place of Business: Suite 102, 63 Johnston St, Wagga Wagga NSW 2650

Directors: 1. Susan Joy Pottie (appointed 05/05/1994)

2. Richard John Pottie (appointed 09/04/1987)

3. Jean Mary Pottie (appointed 09/04/1987)

Shareholders: 1. Susan Joy Pottie (50%)

2. Richard John Pottie (50%)

Principal Activity:

Construction/Earthworks

Legal/Adverse:

See below

The company was incorporated in 1987 by Richard Pottie and his mother, Jean Pottie. 97

Susan Pottie, spouse of Richard, took over Jean Pottie’s position and shareholding in 1994.

Richard Pottie resigned as director on 9 September 2004 and remained an equal

shareholder with Susan Pottie.

On 24 August 2005 Christopher Chamberlain of Nicholls & Associates Pty Ltd, trading as

Nicholls & Co Chartered Accountants (as it was known then), filed a Notice that a Meeting

of the Creditors of Ladysmith Constructions Pty Ltd on 2 September 2005 was to be held at

Nicholls & Co. The notice disclosed the identities of five unsecured creditors: 98

(i) AP & JM Lawrence Pty Ltd $81,621.00

(ii) Australian Tax Office $699.00

(iii) Chris Davis $97,169.00

(iv) Ladex Construction TBA (at the meeting the amount admitted to vote

for was $5,200.00) 99

(v) Selby Watson $4,400.00

Chartered Accountants

AP & JM Lawrence Pty Ltd is a company held by Dr Anthony Lawrence and Joanne

Lawrence. 100 Dr Lawrence is a radiologist and director of Imaging Associates Group which

has practices in Melbourne and Wagga Wagga. 101 Information about the relationship

95

WWCC Annual Report 2009/10, p 12 (Attachment 78); Terry Dodds’, LinkedIn Profile

.

96

Tenterfield Shire Council .

97

Ladysmith Constructions Pty Ltd ASIC Extract (Attachment 79).

98

Ladysmith Constructions Pty Ltd, ‘Notice of Meeting of Creditors’ (24 August 2005)(Attachment 80).

99

Ladysmith Constructions Pty Ltd, ‘Minutes of Creditor’s Meeting’ (2 September 2005)(Attachment 81).

100

AP & JM Lawrence Pty Ltd ASIC Extract (Attachment 82).

101

Imaging Associates .

24


Wagga Wagga Report

between AP & JM Lawrence and Ladysmith Constructions Pty Ltd has not been ascertained.

No information was found as to the relationship that existed between Ladysmith

Constructions Pty Ltd and Chris Davis, C/- 10B St George Cr, Faulconbridge, NSW 2776.

The Minutes of Creditor’s Meeting held on 2 September 2005 records two creditors in

attendance:

• Susan Pottie, as a proxy for Ladex Constructions, which claimed a debt of $5,200.00

(noted that she was at that time the sole director and 50% shareholder of Ladysmith

Constructions Pty Ltd); and

• Christopher Chamberlain, as liquidator. He is also noted to have been a proxy for

Selby Watson Chartered Accountants.

It was resolved at the meeting that the company be wound up by way a Creditors Voluntary

Winding Up. A question was put to the meeting as to whether Creditors wished to appoint a

liquidator other than the liquidator appointed by the Members. There were none, thus

Christopher Chamberlain remained the company’s liquidator. 102

Of particular note is that at all material times Richard Pottie was a director and a 15%

shareholder (held indirectly through Ladex Constructions Pty Ltd, in which he was the sole

shareholder) of Wollundry Investments Pty Ltd. At the same time Christopher Chamberlain

was also a director of Wollundry Investments Pty Ltd, and a 20% shareholder (held indirectly

through Nicholls & Associates Pty Ltd).

This relationship brings into question the independence of Christopher Chamberlain in

representing the creditors of Ladysmith Constructions Pty Ltd when he was a business

partner of Richard Pottie at the same time.

If Christopher Chamberlain had a conflict of interest in his role as liquidator, he did not

declare or disclose it in any financial report filed with ASIC and obtained for this report.

The Final Presentation of Accounts and Statement filed by Christopher Chamberlain on 12

June 2007 reports that all monies owed to the unsecured creditors to the sum of $183,859.00

remained unpaid. 103

(6) Other Relationships

Relationships with Michael Joseph Bodel and Garry Wayne Cox, both directors and

beneficiaries of Boorooma Estate Pty Ltd, are set out in the next section.

102

Ladysmith Constructions Pty Ltd, ‘Minutes of Creditor’s Meeting’ (2 September 2005)(Attachment 81);

See also, Ladysmith Constructions Pty Ltd 'Report as to Affairs' (2 Sep 2005)(Attachment 83).

103

Ladysmith Constructions Pty Ltd, ‘Presentation of Final Accounts’ (12 June 2007)(Attachment 84).

25


Wagga Wagga Report

5. COMPANY POSITIONS AND INTERESTS (CURRENT) – COUNCILLOR

KENDALL

As at 31 December 2019, Councillor Kendall was a director or beneficiary of nine proprietary

companies, plus his indirect interest in Boorooma Estate Pty Ltd. 104 Some of these

companies have been reported on elsewhere in this report, however this section identifies

the companies and relationships he has with other persons and entities.

(1) Boorooma Estate Pty Ltd

ACN: 136 636 121

Registration Date: 17/04/2009

Principal Place of Business: 11 Tallowood Cr, Wagga Wagga NSW 2650

Directors: 1. John Ralph Bittar (appointed 17/04/2009)

2. Michael Joseph Bodel (appointed 17/04/2009)

3. Garry Wayne Cox (appointed 17/04/2009)

Shareholders: 1. Bodel Investments Pty Ltd (37.5%)

2. Debgar Holdings Pty Ltd (37.5%)

3. Horedav Pty Ltd (25%)

Principal Activity:

Property Investment

Legal/Adverse:

Nil reported

Councillor Kendall’s interest in Boorooma Estate Pty Ltd is by way of being a director of

Horedav Pty Ltd, which holds a 25% interest in Boorooma Estate Pty Ltd; and by way of his

spouse, Robyn Kendall, who holds a 20% interest in Horedav Pty Ltd. 105

As has reported earlier in the report, the company purchased three blocks of land at 139–

151 Farrer Road, Boorooma for $2.525 million (Lots 1, 2 & 3 DP162899) in May and June

2009. 106 This land was then the subject of a development application for a 101 lot subdivision

for the erection of residential dwellings which was approved by Wagga Wagga Interim Joint

Planning Panel on 28 July 2010. 107

*Note: the company was deregistered on 29 January 2020 (Attachment 135).

John Ralph Bittar

John Bittar, director of Boorooma Estate Pty Ltd, is also a director and shareholder of

Horedav Pty Ltd (20%), which holds a 25% share of Boorooma Estate Pty Ltd (see below).

Further, he is a licensed real estate agent 108 and a director and shareholder of Hore & Davies

Real Estate Pty Ltd (50%). 109

104

Rodney Kendall ASIC Name Search (Attachment 19).

105

Horedav Pty Ltd ASIC Extract (Attachment 23).

106

Boorooma Estate Transfers, Lots 1-3/DP162899 (Attachment 25).

107

Wagga Wagga Interim Joint Planning Panel, ‘Minutes’ (28 July 2010), pp 2, 11-28 (Attachment 85).

108

Service NSW, ‘Real Estate Licence Check’ John Ralph Bittar (online, viewed 9 April 2020)(Attachment

70).

109

Hore & Davies Real Estate ASIC Extract (Attachment 30).

26


Wagga Wagga Report

Michael Joseph Bodel

Michael Bodel is a licensed plumber, builder, drainer and gasfitter. 110 He is also a director

and beneficial holder of Bodel Investments Pty Ltd, 111 which holds a 37.5% interest in

Boorooma Estate Pty Ltd.

Mr Bodel through his corporate vehicles has a history of property development. In 2007

Bodel Investments Pty Ltd purchased land at 3 Bogong Place, Tatton from the Trustees of

the Roman Catholic Church for the Diocese of Wagga Wagga for $500,000 (with Paul

Bourne Investments Pty Ltd), 112 and then developed 10 townhouses on the land

(DA05/0732).

He is also a director and shareholder of Kullaroo Holdings Pty Ltd, 113 a company which

owned land in Barton Avenue, Lloyd. In 2018 the company received Council approval for a

10-lot residential subdivision which is known as the Lloyd Stage 3B development

(DA17/0562). 114

Garry Wayne Cox

Garry Cox is a licensed builder (since 1985), 115 and is the holder of a number of companies

and business names which operate in building, construction and development. This includes

Debgar Holdings Pty Ltd, which holds a 37.5% share of Boorooma Estate Pty Ltd.

Debgar Holdings Pty Ltd currently holds 19 lots of land in the Lloyds Estate development

within the Lloyd Urban Release Area. 116 The company also holds a 25% share of the Lloyd

Stage 3B development (with Bodel Investments Pty Ltd, above).

Mr Cox is also a director and shareholder of Shbran Pty Ltd, 117 another property

development company, which is a wholly owned subsidiary of Debgar Pty Ltd. Shbran Pty

Ltd is the holder of the Garry Cox Homes business name

(), 118 and the Estella Heights business name. 119 Estella

Heights was registered in 2015 and is the developer of a 178 lot residential subdivision at

177 Pine Gully Road, Gobbagombalin (DA15/0332.03). 120 A point of note is that the

applicant of this amendment to an earlier development application, Estella Heights Pty Ltd,

does not exist as a registered company on the ASIC register of companies.

110

Service NSW, Builder or Tradesperson Licence Check, Michael Joseph Bodel (online, viewed 9 April

2020)(Attachment 86).

111

Michael Bodel ASIC Name Extract (Attachment 87).

112

See Bodel Investments Pty Ltd ‘NSW Land Register Index’ (Attachment 88); 3 Bogong Place Tatton,

Transfer (7 May 2007)(Attachment 89).

113

Kullaroo Holdings Pty Ltd ASIC Extract (Attachment 90).

114

WWCC, ‘Section 79 Report for Development Application DA17/0562’ (14 February 2018) pp 1–2

(Attachment 91)

115

Service NSW, 'Builders Licence Check' Garry Wayne Cox (viewed 20 May 2020)(Attachment 92).

116

Debgar Holdings Pty Ltd NSW Lands Index (Attachment 93).

117

Shbran Pty Ltd ASIC Extract (Attachment 94)

118

Garry Cox Homes ASIC Business Name Extract (Attachment 95).

119

Estella Heights ASIC Business Name Extract (Attachment 96).

120

WWCC, ‘Report of Development Application DA15/0332.03’ (17 September 2019) pp 1–2 (Attachment

97).

27


Wagga Wagga Report

(2) Horedav Pty Ltd

ACN: 083 164 201

Registration Date: 29/06/1998

Principal Place of Business: 133 Peter St, Wagga Wagga NSW 2650

Directors: 1. Robert Leslie Davies (appointed 29/06/1998)

2. Thomas John Davies (appointed 29/06/1998)

3. John Ralph Bittar (appointed 20/08/2009)

4. Rodney John Kendall (appointed 20/08/2009)

5. Susana Shirley Alleva (appointed 20/08/2009)

Shareholders: 1. Robert Leslie Davies (20%)

2. Arockette Pty Ltd (20%) – held by Thomas Davies

3. John Ralph Bittar (20%)

4. Robyn June Kendall (20%)

5. Susana Shirley Alleva (20%)

Principal Activity:

Property Investment

Legal/Adverse:

Nil reported

Horedav Pty Ltd (Horedav) was incorporated in June 1998 by Robert Davies, Thomas

Davies and Bruce Newbigging. 121 All three were directors and shareholders of Hore &

Davies Real Estate prior to John Bittar and Susana Alleva taking control of the company.

On 20 August 2009 Councillor Kendall was appointed director and Robyn Kendall acquired

a 20% interest, approximately four months after Boorooma Estate Pty Ltd was incorporated..

The company holds no property in Australia in its own name and the only other activity found

was its 25% interest in Boorooma Estate Pty Ltd (see above).

(3) Wollundry Investments Pty Ltd

ACN: 089 231 845

Registration Date: 25/08/1999

Principal Place of Business: 133 Peter St, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 25/08/1999)

2. Richard John Pottie (appointed 25/08/1999)

3. Robert Leslie Davies (appointed 25/08/1999)

4. Christopher Mel Chamberlain (appointed 31/08/1999)

5. John Robert Tyrrell (appointed 31/08/1999)

6. Allen Charles Thompson (appointed 31/08/1999)

Shareholders: 1. Rodney John Kendall (1%)

2. Robyn June Kendall (1%)

3. Hore & Davies Real Estate Pty Ltd (15%)

4. Ladex Construction Group Pty Ltd (15%)

5. Allen C Thompson Pty Ltd (10%)

6. Nicholls & Associates Pty Ltd (15%)

7. John Robert Tyrrell & Laurel Anne Tyrrell (in trust)(20%)

8. Rodney John Kendall & Robyn June Kendall (in trust)(18%)

Principal Activity:

Property Investment

Legal/Adverse:

Nil reported

121

Horedav Pty Ltd ASIC Extract (Attachment 23).

28


Wagga Wagga Report

Wollundry Investments Pty Ltd (Wollundry) was incorporated in August 1999. 122 The

company presently holds three properties:

(i) 63-65 Johnston Street, Wagga Wagga, New South Wales 2650

This is a commercial property known as ‘Wollundry Chambers’ and was purchased

on or about 14 June 2000. 123 The property currently serves as the Registered Office

and Principal Place of Business of the company and also Chamberlains SBR, the

accounting business owned by Christopher Mel Chamberlain. 124

(ii) 226-230 Hammond Avenue, Wagga Wagga, New South Wales 2650

This property is located on disused commercial land on the eastern fringe of the

Wagga CBD.

It was purchased in 2003 for $175,000 in a liquidation sale was from Shenzi Pty Ltd

(under liquidation). 125 The company was incorporated in 1986 and deregistered in

2005. 126 The property was valued at $330,000 in an ASIC ‘Report as to Affairs’ filed

on 16 September 2002 by company director Richard Lindsay (as he was then). 127

The appointed liquidator was Frank Lo Pilato of RSM Bird Cameron, 103 Northbourne

Avenue, Canberra ACT 2612. No direct relationship has been found between the

liquidator and directors of Wollundry Investments Pty Ltd in relation to the purchase

of this property.

(iii) 232-236 Hammond Avenue, Wagga Wagga, New South Wales 2650

The property is adjacent to No. 226-230 Hammond Avenue. It was purchased in 2003

for $422,000. 128

Rodney John Kendall

Rodney and Robyn Kendall hold an 18% share of Wollundry jointly on trust for someone

else (believed to be the Wollundry Investments Unit Trust ABN 86 470 656 851). This is

consistent with Councillor Kendall’s PI declarations. Additionally, they each personally hold

a 1% interest.

Christopher Mel Chamberlain

Christopher Chamberlain is a chartered accountant and principal at Chamberlains SBR

Chartered Accountants (Wagga Wagga), 129 formerly of Nicholls & Co Chartered

Accountants. His office is Suite 103, Wollundry Chambers, 63 Johnston Street, Wagga

Wagga.

He also holds Nicholls & Associates Pty Ltd, which holds a 20% share of Wollundry

Investments.

122

Wollundry Investments Pty Ltd ASIC Extract (Attachment 31).

123

63-65 Johnston Street Wagga Wagga Title (Attachment 98).

124

See Chamberlains SBR .

125

226-230 Hammond Ave, Wagga Wagga Title and Dealing (Attachment 99).

126

Shenzi Pty Ltd ASIC Extract (Attachment 100).

127

Shenzi Pty Ltd, ‘ASIC Form 911 Report as to Affairs’ (16 September 2002)(Attachment 101).

128

232-236 Hammond Ave, Wagga Wagga Title and Dealing (Attachment 102).

129

Chamberlains S.B.R ASIC Business Name Extract (Attachment 103).

29


Wagga Wagga Report

Attention is drawn to Christopher Chamberlain’s appointment as liquidator of Kendall &

Sellick Pty Ltd from 2002 to 2007, a company held by Councillor Kendall (see pages 34-35);

and Ladysmith Constructions Pty Ltd in 2005, a company held by Richard Pottie (see pages

24-25).

John Robert Tyrrell

John Tyrrell, builder and director of Southern Cross Developers Pty Ltd, based in

Albury. 130 The company is a provider of commercial property developer and builder.

Allen Charles Thompson

Allen Thompson is a building designer and principal of Allen C Thompson Pty Ltd. His design

projects contained in development applications was considered by Council and Councillor

Kendall in 2014. Councillor Kendall did not disclose this relationship and whether he had

any type of conflict of interest in two meetings (see pages 19-20).

(4) Southfork (Wagga) Pty Ltd

ACN: 127 261 929

Registration Date: 28/08/2007

Principal Place of Business: 133 Peter St, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 28/08/2007)

2. Robert Leslie Davies (appointed 28/08/2007)

Shareholders: 1. Rodney John Kendall (50%)

2. Robert Leslie Davies (50%)

Principal Activity:

Property Investment

Legal/Adverse:

Nil reported

Southfork (Wagga) Pty Ltd was incorporated by Councillor Kendall, Robert Davies, John

Tyrrell and John Bittar. John Tyrrell resigned from his position in April 2012 and John Bittar

resigned in January 2010. 131

The company’s Principal Place of Business at 133 Peter Street, Wagga Wagga is the former

Registered Office and Principal Place of Business of Hore & Davies Real Estate Pty Ltd.

The company presently holds a single property at 8 Fitzhardinge Street, Wagga Wagga,

which was purchased on 12 December 2007 for $700,000. 132 The commercial premises

consist of three offices which are occupied by (1) Anglicare NSW South NSW West and

ACT; (2) Argyle Community Housing Ltd; and (3) Programmed Skilled Workforce Ltd.

(5) Terrdall Pty Ltd

ACN: 116 599 314

Registration Date: 11/10/2005

Principal Place of Business: 3 Keane Pl, Wagga Wagga NSW 2650

Directors: 1. Charles William Merrett (appointed 11/10/2005)

2. Rodney John Kendall (appointed 26/10/2006)

Shareholders: 1. Rodney John Kendall (33.33%)

130

Southern Cross Developers Pty Ltd .

131

Southfork (Wagga) Pty Ltd ASIC Extract (Attachment 71).

132

8 Fitzhardinge St Wagga Wagga Title & Dealing (Attachment 104).

30


Wagga Wagga Report

Principal Activity:

Legal/Adverse:

2. Charles William Merrett (30.33%)

3. Helen Kay Merrett (33.33%)

Property Investment

Nil reported

Terrdall Pty Ltd was incorporated in October 2005 by Charles William Merrett. Councillor

Kendall became a director and shareholder in October 2006. 133 Councillor Kendall declared

in his PI returns dating back to 2009/10 (10) that Terrdall Pty Ltd’s Principal Object of

Corporation is property investment.

The company owns one property, a commercial site at 63 Bayliss Street, Wagga Wagga. It

was purchased on 16 December 2005 for $795,000.00. 134 The property contains two retail

fronts on the ground floor and two offices on the first floor.

Charles William Merrett

Charles Merrett is a building designer and architect. He is the director of BCM Design Centre

Pty Ltd .

(6) RJ Kendall Pty Ltd

ACN: 097 596 033

Registration Date: 24/07/2001

Principal Place of Business: 13 Clare Ave, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 24/07/2001)

2. Robyn June Kendall (appointed 24/07/2001)

Shareholders: 1. Rodney John Kendall (50%)

2. Robyn June Kendall (50%)

(non-beneficial holdings)

Principal Activity:

Consulting

Legal/Adverse:

Nil reported

RJ Kendall Pty Ltd was incorporated in July 2001 by Councillor Kendall. He is the sole

director and an equal non-beneficial shareholder with Robyn June Kendall. 135

Councillor Kendall declared in his PI returns dating back to 2009/10 (10) that RJ Kendall Pty

Ltd’s Principal Object of Corporation is consulting. More specifically, evidence indicates that

the company is a building and engineer consultant. 136

(7) Kendall Properties Pty Ltd

ACN: 073 803 960

Registration Date: 30/04/1996

Principal Place of Business: 13 Clare Ave, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 30/04/1996)

2. Robyn June Kendall (appointed 30/04/1996)

133

Terrdall Pty Ltd ASIC Extract (Attachment 105).

134

63 Baylis Street, Wagga Wagga Title and Dealing (Attachment 106).

135

RJ Kendall Pty Ltd ASIC Extract (Attachment 107).

136

RJ Kendall Pty Ltd letter to Peter Fitzpatrick, Director of Properties, Diocese of Wagga Wagga (5 May

2014) .

31


Wagga Wagga Report

Shareholders: 1. Rodney John Kendall (50%)

2. Robyn June Kendall (50%)

Principal Activity:

Consulting

Legal/Adverse:

Nil reported

Kendall Properties Pty Ltd was incorporation in April 1996 by Councillor and Robyn Kendall.

They are directors and equal shareholders. 137

Councillor Kendall declared in his PI returns dating back to 2009/10 (10) that Kendall

Properties’ Principal Object of Corporation is property investment. The company has held in

the past an extensive number of properties in Wagga Wagga, Sydney and Batemans Bay.

The company presently holds two properties: (1) 13 Angel St, Lake Albert NSW 2650; and

(2) 25/11-13 Crampton St, Wagga Wagga NSW 2650. 138

(8) Kendsup Pty Ltd

ACN: 606 351 384

Registration Date: 10/06/2015

Principal Place of Business: 13 Clare Ave, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 10/06/2015)

2. Robyn June Kendall (appointed 10/06/2015)

Shareholders: 1. Rodney John Kendall (50%)

2. Robyn June Kendall (50%)

Principal Activity:

Trustee of the Kendall Family Super Fund

Legal/Adverse:

Nil reported

Kendsup Pty Ltd was incorporated in June 2915 by Councillor Kendall and Robyn Kendall.

They are directors and equal shareholders. 139

The company’s principal activity as the Trustee of the Kendall Family Superannuation Trust

is disclosed in the 2018/19 PI return. 140

(9) The Mary Potter Nursing Home & The Ethel Forrest Day Care Centre Pty Ltd

ACN: 002 556 872

Registration Date: 23/02/1993

Principal Place of Business: Lewisham Ave, Wagga Wagga NSW 2650

Directors: 1. Phillip Goldsmith (appointed 08/12/2005)

2. Rodney John Kendall (appointed 19/06/2007)

3. Douglas Andrew Conkey (appointed 12/11/2008)

4. Lynnette Ann Kimball (appointed 23/02/2010)

5. Patrick George Sykes (appointed 26/07/2011)

6. Anthony John Balding (appointed 23/02/2010)

7. Peter Geoffrey Fitzpatrick (appointed 21/10/1999)

8. Charles Norman Oliver (appointed 19/10/1993)

9. Michael David Quirk (appointed 28/07/2015)

10. Belinda Jane King (appointed 27/07/2016)

137

Kendall Properties Pty Ltd ASIC Extract (Attachment 108).

138

Kendall Properties Pty Ltd NSW Lands Register Owner Index (Attachment 109).

139

Kendsup Pty Ltd ASIC Extract (Attachment 24).

140

Rodney Kendall, ‘Disclosure of Pecuniary Interests and Other Matters’ 2018/19 (Attachment 18).

32


Wagga Wagga Report

Shareholders:

Principal Activity:

Legal/Adverse:

11. David James Ruthven (appointed 30/08/2016)

12. Helen Anne Mansour (appointed 28/11/2017)

1. Diocese of Canberra Goulburn as Trustee of the Anglican

Church Property Trust (50%)

2. The Corporation of the Little Company of Mary, Australia Ltd

(50%)

Nursing home for the Aged

Nil reported

The Mary Potter Nursing Home & The Ethel Forrest Day Care Centre Pty Ltd was

incorporated in February 1983. 141 The company is a registered charity and is held equally

by the Diocese of Canberra Goulburn as Trustee of the Anglican Church Property Trust and

The Corporation of the Little Company of Mary Australia Ltd. The company provides aged

care services at three locations in Wagga Wagga. 142

Councillor Kendall was appointed as director in August 2007 and is one of 12 directors.

Other directors of note include Douglas Conkey, brother of Mayor Greg Conkey, and Belinda

King, who is the spouse of Andrew Conkey who in turn is Mayor Greg Conkey’s son. 143

The Mary Potter Nursing & The Ethel Forrest Day Care Centre Pty Ltd is a registered charity

held by the Anglican Diocese of Canberra and Goulburn. It was registered with the

Australian Charities and Not-For-Profits Commission (ACNC) in December 2013 (upon the

creation of the ACNC). 144 It appears that Councillor Kendall incorrectly declared himself as

a beneficiary of the company five of his returns (see page 10).

141

The Mary Potter Nursing Home & The Ethel Forrest Day Care Centre Pty Ltd ASIC Extract (Attachment 33).

142

The Forrest Centre .

143

Belinda King Facebook Page .

144

Australian Charities and Not-For-Profits Commission, ‘The Mary Potter Nursing & The Ethel Forrest Day

Care Centre Pty Ltd’ .

33


Wagga Wagga Report

6. COMPANY POSITIONS AND INTERESTS (NON-CURRENT) – RODNEY

KENDALL

Councillor Kendall has been a director and shareholder of numerous companies dating back

to 1989. Since 2008 he has deregistered or resigned from four companies, which are

summarised below.

(1) Kendall & Sellick Pty Ltd

ACN: 003 278 340

Registration Date: 23/04/1987

Deregistration Date:

29/10/2008 (external administration)

Principal Place of Business: 13 Clare Av, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 27/05/1989)

2. Robyne June Kendall (appointed 30/05/1989-17/05/1996)

3. Keith Smedley Sellick (appointed 27/05/1987-30/05/1989)

Shareholders:

1. Rodney John Kendall (100% Class A Shares)

2. Robyn June Kendall (100% Class B Shares)

Principal Activity:

Engineering Consultant

Legal/Adverse:

See below

The company was incorporated by Keith Sellick in 1987, who resigned from his position and

shareholdings in May 1989. Councillor Kendall and Robyn Kendall replaced Mr Sellick and

retained the same company name even though Mr Sellick no longer had a position or interest

in the company. 145

The company has been referred to as a structural engineer consultant.

On 3 April 2002 notification was filed with ASIC of a resolution winding up the company. At

the Minutes of Members Meeting filed on 3 April 2002, both Councillor Kendall and Robyn

Kendall appointed Christopher Chamberlain as liquidator for the purposes of winding up the

affairs and distributing the assets of the company. 146

The company remained in administration through to 2008. Accounts filed by the liquidator

from April 2002 to April 2006 were based on the ‘voluntary winding up by members’. 147

(emphasis added)

However on 25 October 2006 the liquidator filed a Presentation of Accounts & Statement

Accounts of Creditors Voluntary Winding Up. 148 The accounts disclosed nine previously

unsecured creditors with a claimed amount of $71,000.00. The identity of the creditors has

not been disclosed. The report also disclosed that the termination of the liquidator’s

appointment may be delayed due to a pending HIH Insurance Claim. 149

145

Kendall & Sellick Pty Ltd ASIC Extract (Attachment 110).

146

Kendall & Sellick, ‘Minutes of Members Meeting’ (3 April 2002)(Attachment 111).

147

See eg, Kendall & Sellick, ‘Presentation of Accounts and Statement by Liquidator’ (3 October

2002)(Attachment 112).

148

Kendall & Sellick, ‘Presentation of Accounts & Statement of Accounts Of Creditors’ Voluntary Winding Up’

(25 October 2006)(Attachment 113).

149

Ibid.

34


Wagga Wagga Report

As has been reported on pages 28-29, Christopher Chamberlain was a director of Wollundry

Investments Pty Ltd, and held this position at during the time of his appointment as liquidator

of Kendall & Sellick Pty Ltd. If the duty he owed to the creditors of the company came into

conflict with his position and association with Councillor Kendall at Wollundry Investments

Pty Ltd represented a conflict of interest, he did not disclose this in any ASIC filing which

has been examined for this report.

On 29 April 2008 the Presentation of Accounts & Statement Presentation of Final Accounts

of Creditors’ Voluntary Winding Up’ was filed. 150 The nine unsecured creditors for

$71,000.00 remained outstanding and were again unidentified.

(2) The Mill Executive Apartments Pty Ltd

ACN: 601 009 278

Registration Date: 31/07/2014

Status:

Deregistered

Deregistration Date:

02/03/2018 (Voluntary Deregistration pursuant to s 601AA of

the Corporations Act 2001 (NSW)

Principal Place of Business: 97 Edward St, Wagga Wagga NSW 2650

Directors: 1. Rodney John Kendall (appointed 31/07/2014)

2. Joshua Eldridge (appointed 31/07/2014)

Shareholders: 1. Rodney John Kendall (50%)

2. Joshua Eldridge (50%)

Principal Activity:

Legal/Adverse:

Unascertained

Nil reported

The Mill Executive Apartments Pty Ltd was registered in July 2014 and deregistered in

March 2018. 1 The company’s Registered Office and Principle Place of Business was 97

Edward Street, Wagga Wagga, which was the office of Eldridge First National Real Estate

and E Property Wagga Pty Ltd (see p 14 for further details).

Councillor Kendall was a director and equal shareholder with Joshua Eldridge, son of former

WWCC General Manager Alan Eldridge.

(3) Wagga Wagga Air Hangar Pty Ltd

ACN: 114 089 299

Registration Date: 03/05/2005

Status:

Registered

Principal Place of Business: Wagga Wagga Airport, Forest Hill, NSW 2651

Directors (Current): 1. Geoffrey James Breust (appointed 18/10/2016)

2. Peter John Lucas (appointed 18/10/2016)

3. Robert Leslie Davies (appointed 18/10/2016)

4. Raymond Harold White (appointed 18/10/2016)

5. William Overend Wilson (appointed 18/10/2016)

6. Reginald John Miegel (appointed 18/10/2016)

7. Damien Bruce Parslow (appointed 22/01/2018)

Shareholders: 1. Geoffrey James Breust (14.28%)

150

Kendall & Sellick Pty Ltd, 'Presentation of Accounts & Statement Presentation of Final Accounts of

Creditors' Voluntary Winding Up' (29 July 2008)(Attachment 114).

35


Wagga Wagga Report

Principal Activity:

Legal/Adverse:

2. Peter John Lucas (14.28%)

3. Robert Leslie Davies (14.28%)

4. Raymond Harold White (14.28%)

5. William Overend Wilson (14.28%)

6. Reginald John Miegel (14.28%)

7. Damien Bruce Parslow (14.28%)

Unascertained

Nil reported

Councillor Kendall was the sole director and shareholder of Wagga Wagga Air Hangar Pty

Ltd from its incorporation on 3 May 2005 through to 18 October 2016. 151 During this time the

company’s Principal Place of Business was Wagga Wagga Airport, Forest Hill, New South

Wales.

He stated that the company’s Principal Objects of Corporation was property investment. A

search of the NSW Lands Register found no dealings (purchases, sales or registered

leases). In July 2004 he submitted a development application for the construction of new

hangar at Wagga Wagga Airport (DA04/0816), 152 which was approved by delegation in April

2005. An undated inspection report states the name of the applicant is Rod Kendall of

Wagga Wagga Air Hangar P/L (CC05/0608). 153 No further information about the company’s

activities has been found.

As stated above, Councillor Kendall was the sole director and a shareholder with Robert

Davies and Leonard Smith until he resigned from his position and relinquished his

shareholding 18 October 2016. Robert Davies continues as a shareholder and was

appointed as one of six directors the same day.

(4) GNS Care Pty Ltd

ACN: 114 089 299

Registration Date: 08/06/2012

Status:

Deregistered

Deregistration Date:

01/10/2014 (Voluntary Deregistration pursuant to s 601AA of

the Corporations Act 2001 (NSW)

Principal Place of Business: Lewisham Ave, Wagga Wagga NSW 2650

Directors (at the time of 1. Philip Leslie Goldsmith (appointed 08/06/2012)

deregistration):

2. Rodney John Kendall (appointed 08/06/2012)

3. Douglas Andrew Conkey (appointed 08/06/2012)

4. Lynette Ann Kimball (appointed 08/06/2012)

5. Patrick George Sykes (appointed 08/06/2012)

6. Anthony John Balding (appointed 08/06/2012)

7. Peter Geoffrey Fitzpatrick (appointed 08/06/2012)

8. Charles Norman Oliver (appointed 08/06/2012)

9. Mark Gerard Golden (appointed 08/06/2012)

10. Donald Keith Pemberton (appointed 08/06/2012)

11. Genieve Mary Blackwell (appointed 08/06/2012)

12. Bernadette Anne Fitzgerald (appointed 26/02/2013)

151

Wagga Wagga Air Hangar Pty Ltd ASIC Extract (Attachment 52).

152

WWCC, 'Various Documents for DA04/0816 - New Hangar at Wagga Wagga Airport' (4 April/13 July

2005)(Attachment 115).

153

Ibid p 7.

36


Wagga Wagga Report

Shareholder1:

Principal Activity:

Legal/Adverse:

1. The Mary Potter Nursing Home and The Ethel Forrest Day

Care Centre Pty Ltd

Aged Nursing Care

Nil reported

GNS Care Pty Ltd was registered in June 2012 and deregistered in October 2014. 154 It is

believed that the company operated the Griffith Nursing Services Centre during this time as

a wholly owned subsidiary of The Mary Potter Nursing & The Ethel Forrest Day Care Centre

Pty Ltd, of which Councillor Kendall has been a director since June 2007. 155

154

GNS Care Pty Ltd ASIC Extract (Attachment 20).

155

The Mary Potter Nursing & The Ethel Forrest Day Care Centre Pty Ltd ASIC Extract (Attachment 34).

37


Wagga Wagga Report

7. DEVELOPMENT OF THE HARNESS RACING FACILITY AT CARTWRIGHTS HILL

7.1 Harness Racing New South Wales

In 2014 Harness Racing New South Wales (HRNSW) submitted to WWCC a development

application for a Recreation Facility (Major) – Harness Racing Facility including Earthworks,

Track, Clubhouse, Stables and Associated Infrastructure at 92 Cooramin Street Cartwrights

Hill (DA14/0448). Because the application was greater than $5 million in value it was referred

to the Southern Joint Regional Planning Panel, which approved the application on 11

November 2015). 156

A modification to the approved plans was submitted to Council pursuant to s 4.55(2) of the

Environment Planning and Assessment Act 1979 (NSW). This type of application was

referred to the original consent authority for determination, which was the Southern Joint

Regional Panel. The Panel approved the amendments on the basis that it was substantially

the same development for which the original consent was given. 157

The modifications related most notably to:

• Increasing the clubhouse building from 465.5m 2 to 613.4m 2 and length of the

clubhouse from 31.7m to 40.9m.

• External grandstand area increased in area from 75m 2 to 116.9m 2 , which would

increase seating from 141 to 195.

• Building a new marquee pad west of the clubhouse building. The pad will have an

area of 190m 2 and be formed as an elevated platform using a terraced arrangement.

The pad will be level with the clubhouse with a fall away height down towards the

parade ring.

• Amendment to fencing style around the track – solid fencing of 1.2 metres in height

around the whole track other than in front of the parade ring and grandstand areas.

The development was assessed by Council against relevant clauses within applicable

environmental planning instruments and is considered to satisfy all relevant clauses. The

development continues to comply with the Wagga Wagga LEP objectives and the controls

of the Wagga Wagga DCP.

The modified development was recommended by WWCC for approval, subject to conditions,

as modified that are detailed in the report. 158

Flood Planning

As the proposed development is located in an area which is known to flood during significant

flood events, it was a condition of the consent (issued in November 2015) that Harness

Racing NSW obtain the necessary flood work approval from Water NSW.

156

Southern Joint Regional Planning Panel, 'Determination Statement of Reasons' DA14/0448 (11

November 2015)(Attachment 116).

157

Ibid.

158

WWCC, 'Assessment Report for Modification of DA14/0448' (16 July 2018) p 43 (Attachment 117).

38


Wagga Wagga Report

The original application was subject to extensive flood reporting and assessment to

determine the impacts associated with the proposed development. The conclusion of the

original assessments as reported to the Joint Regional Planning Panel was as follows: 159

The findings of the flood impact assessment shows that the proposed development is

compatible with the flood hazard of the land and will not significantly affect flood behaviour.

As a condition of consent it will be necessary for the applicants to prepare a flood evacuation

and management plan and that will incorporate measures to manage risk to life from flood.

The minor flood impacts are unlikely to have any significant adverse impact on the

environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a

reduction in the stability of river banks or watercourses in the area. The area is already flood

prone and the risk of flood to the surrounding community is well known, the introduction of

this major recreation facility is not likely to result in unsustainable costs to the community as

a result of flooding.

Flooding is a natural phenomenon and whilst models are the most effective way of predicting

levels and impacts they remain an educated prediction. The flood will never behave exactly

in accordance with a model and therefore a degree of inaccuracy and variation should be

expected, accordingly current practice accepts that a flood impact of less than or equal to

0.02m can be assumed as negligible and in most cases accepted as model height variances.

The proposed development will be a valuable resource to the local economy and to the

regional harness racing industry. The impacts of flooding on this investment are clear and

the proposed mitigation in terms of raising key features of the development are considered

to be appropriate and acceptable in this case.

It was a condition of the consent (issued November 2015) that HRNSW, as the applicant of

the development, obtain the necessary flood work approval from Water NSW. HRNSW

engaged WMA Water to complete the required additional assessment which was completed

in August 2017. This was over two years since the original plans were prepared and

amendments to the layout of the clubhouse and surrounds had already commenced by the

applicants. The plans that were used by WMA Water to prepare the report of August 2017

were therefore those that are currently the subject of this modification. Whilst these plans

were not the approved plans (emphasis added), at the time they were the plans used for the

flood modelling and therefore the report provided (dated August 2017) in support of the

modification application was considered appropriate and acceptable. 160

The additional report was required to review the impacts on local catchment flooding not just

riverine flooding. The report was also to be based on the current levee height not the

completed raised levee as the original reports had been.

As noted, the modelling was based on the plans that are now included as a modification

application and included a solid colourbond steel fence to the track (excluding the southern

spectator and access area) of 1.2 metres in height that is designed to block water other than

for a 0.1 metre gap at the base of the fence. The assessment found that the solid boundary

fence would not significantly alter flood impacts.

In terms of riverine flooding, the findings of the report conclude that the modified layout

results in the same outcome as originally reported, that is that the flood impacts are no

159

Ibid pp 20-2.

160

Ibid.

39


Wagga Wagga Report

greater than 0.02m and this increase will occur across open land to the south adjacent to

the track. With regard to the local-catchment (over-land) flooding there will be an impact as

a result of the development. This will be predominantly localised in the detention basin to

the south-west of the track where an increase of 0.17m is predicted. The detention basin on

site has been designed to capture this water and therefore there are no impacts outside of

the site. As noted above the assessment of local catchment water only, in the flood reports,

had not previously been captured and was part of the additional detail requested by Water

NSW.

Water NSW, as an integrated approval body, were referred the details of the modification

application. They advised Council that the existing flood work approval will require updating

to reference the new consent details and date. This will be secured by a new condition of

consent (2A). 161

7.2 Tender Process for the Construction of Riverina Paceway

HRNSW was responsible for the construction of the facility. On 30 November 2016 it

announced that it had appointed GHD Group as the project manager for the new

development. 162 On 7 April 2017 HRNSW announced that it had awarded the construction

of the paceway to Ladex. 163 Further investigations found that HRNSW had appointed

McKinnon Design in Orange to manage the procurement process by inviting expressions of

interest for the building and earthworks of paceway, the results of which would be used to

select a tender list for the project. 164

161

Ibid p 47.

162

Harness Racing New South Wales, ’New Look for the Riverina’ (Media Release, 30 November 2016)

.

163

Harness Racing NSW, ‘Wagga Development on Track’ (Media Release, 7 April 2017)

.

164

McKinnon Design, ‘Expressions of Interest – Building and Earthworks New Harness Racing Facility

Wagga Wagga NSW (closed on 6 June 2016)

.

40


8. REAL PROPERTY HELD BY RODNEY AND ROBYN KENDALL

Wagga Wagga Report

8.1 RODNEY KENDALL

Rodney Kendall presently holds one property in New South Wales. This is disclosed in his

2016/17-2018/19 PI declarations. 11 other properties which have been declared in his current

2018/19 return are held by companies he has a beneficial interest in; two held by his sons and

two held by his spouse.

(i) 35 Heydon Avenue, Turvey Park, New South Wales 2650

Type:

Residential House

Folio Identifier: 2/DP392236

Holder:

Rodney John Kendall

Date Acquired: 23/02/2017

Consideration: $240,000

Encumbrances: Yes, Westpac Banking Corporation

Notes: The property title and dealing is Attachment 118.

8.2 ROBYN KENDALL

Robyn Kendall presently holds two properties in New South Wales. Both of which are held solely.

The property at 13 Clare Avenue, Lake Albert (also described at 13 Clare Avenue, Wagga Wagga

NSW 2650) appears to be the property that is redacted from Councillor Kendall’s 2017 PI

declaration as it is the only property held by Mrs Kendall which is not disclosed. This address is

Councillor Kendall’s nominated residential address for all companies he holds.

(i) 13 Clare Avenue, Lake Albert, New South Wales 2650

Type:

Residential House

Folio Identifier: 42/775377

Holder:

Robyn June Kendall

Date Acquired: 08/06/1996

Consideration: $118,000

Encumbrances: Yes, Westpac

Notes: The property title and dealing is Attachment 119.

(ii) 27/46 Harbour Street, Wollongong, New South Wales 2500

Type:

Residential Apartment

Folio Identifier: 27/SP94916

Holder:

Robyn June Kendall

Date Acquired: 01/07/2017

Consideration: $750,000

Encumbrances: Yes, Westpac

Notes: The property title and dealing Attachment 120.

41


Wagga Wagga Report

9. RELATIONSHIPS BETWEEN RODNEY KENDALL AND CURRENT/FORMER

WMA WATER OFFICIALS

WMA Water Pty Ltd (WMA) is a provider of specialist engineering analysis and advice in a

range of water-related fields. The company was incorporated in 1983 as Marldex Pty Ltd

and changed its name to Webb McKeown Pty Ltd. 165 WMA was first registered as a business

name in 2007 by Webb McKeown (or the Trustee For Webb McKeown and Associates Unit

Trust), 166 and it was incorporated in June 2014. 167 Webb McKeown and Associates was then

deregistered in March 2015.

The company has been contracted to undertake at least nine studies for WWCC since

1999. 168 The most recent report, ‘Wagga Wagga Floodplain Risk Management Study and

Plan’, was submitted to Council in April 2018. 169 This report was undertaken by WWCC in

consultation with the New South Wales Office of Environment and Heritage. 170

Stephen Gray

Mr Gray, BEng; MEng; was a director of WMA from 2009 to 2017 (one of three). Over this

time he has authored and co-authored several reports to WWCC. He left WMA in 2017 and

incorporated GRC Hydro Pty Ltd with Zac Richards (also formerly of WMA). 171

No business relationship has been found between Mr Gray and any other WWCC Councillor

outside of his work on behalf of WMA for Council.

Mark Babister

Mark Babister, BEng(Hon); MEngSc, GradDipMgt; RPEQ, is the Managing Director of WMA,

reportedly since 1988. 172 He is a flood hydrologist and Chair of the National Committee for

Water Engineering and member of the Steering and Technical Committees updating the

Australian Rainfall and Runoff guideline for the Institution of Engineers, Australia. 173

No business relationship has been found between Mr Babister and any other WWCC

Councillor outside of his work for the Council.

165

Webb McKeown Pty Ltd ASIC Summary (Attachment 121).

166

Trustee For the Webb McKeown and Associates Unit Trust, ABN Extract (Attachment 122).

167

WMA Water Pty Ltd ASIC Summary (Attachment 123).

168

Webb McKeown & Associates, ‘Murrumbidgee River Wagga Wagga Flood Study’ (Report, September

2004) 32

Flood-Study-Final-2004.pdf>.

169

WMA Water Pty Ltd, ‘Wagga Wagga Floodplain Risk Management Study’ (Report, April 2018)

.pdf>.

170

WWCC, ‘Agenda and Business Paper’, Floodplain Risk Management Advisory Committee (12 September

2017), 3–4 .

171

GRC Hydro Pty Ltd .

172

Mark Babister LinkedIn Profile .

173

Office of the Queensland Chief Scientist, Queensland Government, Science, Engineering and

Technology Panel

.

42


Wagga Wagga Report

10. COMBINED DEVELOPMENT GROUP PTY LTD AND PETER THOMPSON

Investigations were conducted into the extent of any relationship between Combined

Development Group Pty Ltd (CDG) 174 and Peter Thompson, WWCC General Manager which

would be beyond the relationship they are believed to have in their respective positions.

10.1 Combined Development Group Pty Ltd

ACN: 075 184 931

Registration Date: 09/08/1996

Principal Place of Business: Level 2, 407 Pacific Hwy, Artarmon NSW 2064

Directors: 1. Phillippe De Gail (appointed 12/08/1996)

2. Cecil Joseph Holmes (appointed 05/07/2002)

3. Graham Walker (appointed 30/09/1998)

Shareholders: 1. SLB Pty Ltd (10%) Company held by Cecil Holmes 175

2. CDG Holdings Pty Ltd (45%) Company held by Phillippe de

Gail and family members 176

3. Myan Investments Pty Ltd (45%) Company held by Graham

Walker and family members 177

Principal Activity:

Residential Property Developer

Legal/Adverse:

Nil found

The company was incorporated in 1996 and is primarily a developer of residential subdivisions in

regional New South Wales. Projects include Estella Rise in Wagga from 2013 to 2017, Windmill

Downs in Tamworth from 2013 to 2017, 178 and a yet to be named 214-lot residential subdivision

at 86-112 Harris Road, Gobbagombalin (DA18/0302).

Estella Rise

CDG commenced this project in 2012 following the approval by WWCC, by delegation, of a 275-

lot residential subdivision located at 59 Harris Road, Gobbagombalin, New South Wales

(DA12/300) 179 . This development is known as Estella Rise. The development commenced in

2014 and was completed in 2017.

Windmill Downs

In August 2008 Tamworth Regional Council approved a development application by CDG for 267

lot residential subdivision located at Browns Lane, Hallsville, New South Wales 2340

(DA0416/2007). Construction is reported to have commenced in 2013 and is continuing with

Stage 5. 180

174

Combined Development Group Pty Ltd ASIC Extract (Attachment 124).

175

SLB Pty Ltd ASIC Extract (Attachment 125).

176

CDG Holdings Pty Ltd ASIC Extract (Attachment 126).

177

Myan Investments Pty Ltd ASIC Extract (Attachment 127).

178

Combined Development Group .

179

WWCC, 'Section 79C Report for Development Application DA12/0300 Estella Rise’ (22 April

2016)(Attachment 128).

180

Windmill Downs .

43


Wagga Wagga Report

WWCC DA18/0302

This development application at 86-112 Harris Road, Gobbagombalin was submitted to Council

in June 2018 and approved by delegation on 24 April 2019. 181 The approval is for a 214-lot

residential subdivision.

In a WWCC Report submitted to the Ordinary Meeting of Council on 20 January 2020, Council

had received a request from CDG requesting the deferral of the payment of infrastructure

contributions associated with this development. The developer charges due as at April 2019

were: 182

• Section 7.11 of $19,526.06 per lot for 210 lots, a total of $4,100,472.60

• Section 64 Stormwater of $2,218.31 per lot for 210 lots, a total of $465,845.10

• Section 64 Sewer of $3,988.61 per lot for 210 lots, a total of $837,608.10

The total amount of charges due was $5,403,925.80.

CGD proposed to lodge a bank guarantee for the total amount of the infrastructure

contributions owing at the release of the subdivision certificate. They proposed the debt

would then be paid when 75% of the lots of each stage are settled. The remainder of the

debt of each stage was to be paid within six months of the registration of lot titles.

Council instead recommended that the payments be deferred for 12 months following the

receipt of the bank guarantee.

Council deferred the proposal at the Ordinary Meeting of Council on 20 January 2020.

At the Ordinary Meeting of Council on 10 February 2020, the request was considered and a

motion was moved by Councillors Kendall and Dallas Tout that Council: 183

a

b

c

Defer the section 7.11 infrastructure contributions due for the subdivision of 86 Harris Road

as detailed in DA18/0302.02 for 210 lots

defer the Section 64 Stormwater and Sewer infrastructure contributions due for the

subdivision of 86 Harris Road as detailed in the DA18/0302.02 for 210 lots

prior to the release of a Subdivision Certificate for each stage require an unconditional bank

guarantee in Councils favour from Combined Development Group Pty Ltd for the amount

of the outstanding infrastructure contributions as they apply to each stage, for a maximum

of 12 months

Councillors Kendall and Tout, and Mayor Conkey voted in favour of the motion, however it was

lost on the votes against of Councillors Braid, Funnell, Hayes, Keenan and Koschel (Councillor

Pascoe declared a pecuniary interest and vacated the chamber). The debate over this motion

can be viewed on the WWCC website:

from 1 hour 35 min to 1 hour 56 min.

181

WWCC, ‘Report of Development Application DA18/0302’ 86-112 Harris Rd, Gobbagombalin (24 April

2019)(Attachment 129).

182

WWCC, ‘Agenda and Business Paper’ Ordinary Meeting of Council (20 January 2020) pp 78-82

(Attachment 130).

183

WWCC, ‘Minutes of the Ordinary Meeting of Council’ RP-7 (10 February 2020) p 11 (Attachment 131).

44


Wagga Wagga Report

10.2 Peter Thompson

In November 2017 Peter Thompson was appointed General Manager of WWCC. Previously to

this appointment he was General Counsel at Tamworth Regional Council, from 2007 to 2017.

Additionally, he was appointed as Director, Planning and Compliance from 2015 to 2017. 184

Investigations into whether there is any relationship between the officers of CDG and Mr

Thompson, outside of the professional dealings they may have had in their respective positions

found no evidence of any such relationships.

184

WWCC, ‘Peter Thompson Appointed as General Manager’ Press Release (13 October 2017)

.

45


11. RELATIONSHIP BETWEEN RODNEY KENDALL AND GREG CONKEY

Wagga Wagga Report

Councillor Kendall was first elected to Council in 2004 and has served continually since

that date. He was Mayor from 2012 to 2015.

Greg Conkey was first elected to Council in 2012 and has served continuously since that

date. He was elected Mayor in 2016 and was reelected in 2018 (to a two year term).

Mayor Conkey currently holds no positions or interests in any proprietary companies. 185 He

is presently a director of the Australian Aviation Hall of Fame Ltd, a public company and

registered charity, which he holds by way of his mayoral position. He was previously a

director of the Riverina Conservatorium of Music Ltd from 2014 to 2017. This company is

also a registered charity.

His only other business dealing is as the holder of the Greg Conkey & Associates business

name from February 2005. 186 According to his LinkedIn account, the business operates in

public relations. 187 Prior to that, from 1979 to 2004 he was the Managing Editor of the

Riverina Leader, a weekly community newspaper distributed to residences in Wagga

Wagga.

Relationship Between Councillor Kendall and Mayor Conkey

Outside of their relationship on Council, no direct or indirect business relationships between them

have been found.

A number of social media links between them and their families has been found.

• Both are Facebook friends on each other’s Facebook accounts. See Councillor Kendall’s

page ; see Mayor Conkey’s page

.

For context, Mayor Conkey and Councillors Tim Koschel and Yvonne Braid are Facebook

friends. Councillor Kendall, Councillor Koschel and Councillor Dallas Tout all are Facebook

friends.

• Doug Conkey, brother of Mayor Conkey, is a fellow director with Councillor Kendall at The

Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd, since

November 2008. 188

• Belinda Jane King was appointed director of The Mary Potter Nursing Home and The Ethel

Forrest Day Care Centre Pty Ltd on 26 July 2016. She is Greg Conkey’s daughter-in-law

(married to his son, Andrew Conkey). See the Belinda King Facebook page

and Andrew Conkey’s Facebook page

.

• Jordan Kendall (Rodney Kendall’s son) has Andrew Conkey as a Facebook friend. See

Jordan Kendall’s Facebook page .

185

Greg Conkey ASIC Name Extract Search (Attachment 132).

186

Greg Conkey & Associates ASIC Business Name Summary (Attachment 133).

187

Greg Conkey LinkedIn Page

188

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd ASIC Extract (Attachment

33).

46


Wagga Wagga Report

ATTACHMENT INDEX

1 Yvonne Braid, ‘Disclosure of Pecuniary Interests and Other Matters’ (2016/17)

2 Greg Conkey, 'Disclosure of Pecuniary Interests and Other Matters' (2016/17)

3 Paul Funnell, 'Disclosure of Pecuniary Interests and Other Matters' (2016/17)

4 Dan Hayes, 'Disclosure of Pecuniary Interests and Other Matters’ (2016/17

5 Val Keenan, 'Disclosure of Pecuniary Interests and Other Matters’ (2016/17)

6 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters’ (2016/17)

7 Tim Koschel, 'Disclosure of Pecuniary Interests and Other Matters’ (2016/17)

8 Kerry Pascoe, 'Disclosure of Pecuniary Interests and Other Matters’ (2016/17)

9 Dallas Tout, 'Disclosure of Pecuniary Interests and Other Matters’ (2016/17)

10 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters’ (2009/10)

11 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2010/11)

12 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2011/12)

13 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2012/13)

14 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2013/14)

15 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2014/15)

16 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2015/16)

17 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2017/18)

18 Rod Kendall, 'Disclosure of Pecuniary Interests and Other Matters' (2018/19)

19 Rodney Kendall ASIC Name Extract

20 GNS Care Pty Ltd ASIC Extract

21 The Mill Executive Apartments Pty Ltd ASIC Extract

22 Boorooma Estate Pty Ltd ASIC Extract

23 Horedav Pty Ltd ASIC Extract

24 Kendsup Pty Ltd ASIC Extract

25 Boorooma Estate Pty Ltd, ‘Transfers of Lots 1-3/DP162899’

26 WWCC, ‘Section 79 Report of DA09/0910 Boorooma Estate’ (19 December 2016)

27 Wagga Wagga Interim Panel, 'Minutes of Meeting DA09/910' (28 July 2010)

28 Boorooma Estate Pty Ltd NSW Lands Index

29 Scott McGill, ‘Is Your Client A Property Developer?’ Pitcher Partners Accountants,

Auditors & Advisors (2017)

30 Hore & Davies Real Estate Pty Ltd ASIC Extract

31 Wollundry Investments Pty Ltd ASIC Extract

32 Horedav Pty Ltd ASIC Relationship Search

33 The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd ASIC

Extract

34 The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd,

'Memorandum of Association' (1982)

35 WWCC, 'Code of Conduct' (2019)

36 Kerry Pascoe ASIC Name Extract

37 Blake Street Pty Ltd ASIC Extract


Wagga Wagga Report

38 WWCC, 'Notice of Determination of Development Application DA19/0125’ (24 June

2019)

39 WWCC, 'Minutes of the Ordinary Meeting of Council' (24 June 2019)

40 Davtil Pty Ltd ASIC Extract

41 Pascoe Constructions ASIC Business Name Extract

42 Kinjella Pty Ltd ASIC Extract

43 Charles Sturt Motor Inn & Apartments Registered Business Name

44 WWCC 'Section 79C Report of Development Application DA16/0390’ (14 September

2016)

45 WWCC, 'Section 79 Report of Development Application DA17/0663' (1 March 2018)

46 Interlink Wagga Central Pty Ltd ASIC Extract

47 Service NSW, ‘Real Estate Licence Check’ Joshua Lee Eldridge (online, viewed 20 May

2020)

48 Service NSW, ‘Real Estate Licence Check’ E Properties Wagga Pty Ltd (online, viewed

20 May 2020)

49 Shane Manning, 'Tenant Rumour Mill' Wagga Daily Advertiser (2 July 2015)

50 Southern Joint Regional Planning Panel, 'Determination and Statement of Reasons

DA17/0663 50 Edward St, Wagga Wagga' (20 February 2018)

51 WWCC, 'Minutes of the Ordinary Meeting of Council' (29 August 2011)

52 Wagga Wagga Air Hangar Pty Ltd ASIC Extract

53 WWCC, 'Section 79C Report for Development Application DA11/0361’ (11 November

2011)

54 WWCC, 'Commercial Arrangements with Douglas Aerospace Pty Ltd' (Report, 19

December 2011)

55 WWCC, 'Minutes of the Ordinary Meeting of Council' (30 January 2012)

56 WWCC 'Supplementary Meeting of Council' (12 May 2014)

57 WWCC, 'Minutes of the Supplementary Meeting of Council' (13 October 2014)

58 WWCC, 'Minutes of Ordinary Meeting of Council' (27 October 2014)

59 WWCC, 'Minutes of the Supplementary Meeting of Council' (11 May 2015)

60 WWCC, ‘Minutes of the Supplementary Meeting of Council’ (29 May 2015)

61 WWCC, Minutes of the Ordinary Meeting of Council’ (29 June 2015)

62 WWCC, 'Minutes of the Supplementary Meeting of Council' (7 December 2015)

63 Kendall Design & Drafting ABN Extract

64 WWCC, 'Minutes of Ordinary Council Meeting' (27 February 2012)

65 WWCC 'Minutes of the Ordinary Meeting of Council' (29 July 2013)

66 WWCC, ‘Minutes of the Ordinary Meeting of Council’ (29 September 2014)

67 WWCC, ‘Minutes of the Ordinary Meeting of Council’ (24 November 2014)

68 Southfork (Wagga) Pty Ltd ASIC Extract

69 Service NSW, ‘Real Estate Licence Check’ John Ralph Bittar (online, viewed 9 April

2020)

70 Service NSW, ‘Real Estate Licence Check’ Susana Shirley Alleva (online, viewed 16

May 2020)

71 Richard and Susan Pottie ASIC Name Extract

72 Ladex Construction Group Pty Ltd ASIC Extract

73 Ladex Property Lease, 'Office 102, 63-65 Johnston St Wagga Wagga’ (22 May 2000)

74 Rocky Point Quarries Pty Ltd ASIC Extract


Wagga Wagga Report

75 590 Tooyal Rd, Euberta NSW Title & Dealing

76 WWCC, 'Agenda and Business Paper - Ordinary Meeting of Council’ (24 April 2017)

77 WWCC, 'Minutes of Ordinary General Meeting of Council' (24 April 2017)

78 WWCC Annual Report (2009/10)

79 Ladysmith Constructions Pty Ltd ASIC Extract

80 Ladysmith Constructions Pty Ltd, 'Notice of Meeting of Creditors' (24 August 2005)

81 Ladysmith Constructions Pty Ltd 'Minutes of Creditors Meeting' (2 September 2005)

82 AP & JM Lawrence Pty Ltd ASIC Extract

83 Ladysmith Constructions Pty Ltd, 'Report as to Affairs' (2 Sep 2005)

84 Ladysmith Constructions Pty Ltd, 'Presentation of Final Accounts' (12 June 2007)

85 Wagga Wagga Interim Joint Planning Panel, ‘Minutes of Meeting’ (28 July 2010)

86 Service NSW, ‘Real Estate Licence Check’ Michael Joseph Bodel (online, viewed 9

April 2020)

87 Michael Bodel ASIC Name Extract

88 Bodel Investments Pty Ltd NSW Lands Index

89 3 Bogong Place Tatton, NSW Transfer (7 May 2007)

90 Kullaroo Holdings Pty Ltd ASIC Extract

91 WWCC, ‘Section 79 Report for Development Application DA17/0562’ (14 February

2018)

92 Service NSW, 'Contractor Licence Check' Garry Wayne Cox (viewed 20 May 2020)

93 Debgar Holdings Pty Ltd Land Title Index

94 Shbran Pty Ltd ASIC Extract

95 Garry Cox Homes Business Name Extract

96 Estella Heights Business Name Extract

97 WWCC, ‘Report of Development Application DA15/0332.03’ (17 September 2019)

98 63-65 Johnston St, Wagga Wagga, NSW Title

99 226-230 Hammond Ave Wagga Wagga East, NSW Title and Dealing

100 Shenzi Pty Ltd ASIC Extract

101 Shenzi Pty Ltd, 'Report as to Affairs' (16 September 2002)

102 232-236 Hammond Ave Wagga Wagga East, NSW Title and Transfer

103 Chamberlains SBR ASIC Business Name Extract

104 8 Fitzhardinge St Wagga Wagga Title & Dealing

105 Terrdall Pty Ltd ASIC Extract

106 63 Baylis St, Wagga Wagga, Title & Dealing

107 RJ Kendall Pty Ltd ASIC Extract

108 Kendall Properties Pty Ltd ASIC Extract

109 Kendall Properties Pty Ltd NSW Lands Index

110 Kendall & Sellick Pty Ltd ASIC Extract

111 Kendall & Sellick, 'Minutes of Members Meeting' (3 April 2002)

112 Kendall & Sellick, ‘Presentation of Accounts and Statement by Liquidator’ (3 October

2002)

113 Kendall & Sellick Pty Ltd, 'Presentation of Accounts and Statement' (25 October 2006)

114 Kendall & Sellick Pty Ltd, 'Presentation of Accounts & Statement Presentation of Final

Accounts of Creditors' Voluntary Winding Up' (29 July 2008)


Wagga Wagga Report

115 WWCC, 'Various Documents for DA04/0816 - New Hangar at Wagga Wagga Airport' (4

April/13 July 2005)

116 Southern Joint Regional Planning Panel, 'Determination Statement of Reasons'

DA14/0448 (11 November 2015)

117 WWCC, 'Assessment Report for Modification of DA14/0448' (16 July 2018)

118 35 Heydon Ave, Wagga Wagga, NSW Title and Dealing

119 13 Clare Ave, Lake Albert, NSW Title and Dealing

120 Unit 27/46 Harbour St, Wollongong, NSW Title and Dealing

121 Webb McKeown & Associates Pty Ltd ASIC Summary

122 The Trustee for Webb McKeown and Associates Unit Trust t/as WMA Water ABN

Lookup

123 WMA Water Pty Ltd ASIC Summary

124 Combined Development Group Pty Ltd ASIC Extract

125 SLB Pty Ltd ASIC Extract

126 CDG Holdings Pty Ltd ASIC Extract

127 Myan Investments Pty Ltd ASIC Extract

128 WWCC, 'Section 79C Report for Development Application DA12/0300 Estella Rise’ (22

April 2016)

129 WWCC, ‘Report of Development Application DA18/0302’ 86-112 Harris Rd,

Gobbagombalin (24 April 2019)

130 WWCC, ‘Agenda and Business Paper’ Ordinary Meeting of Council’ (20 January 2020)

131 WWCC, 'Minutes of the Ordinary Council Meeting' (10 February 2020)

132 Greg Conkey ASIC Personal Name Search

133 Greg Conkey & Associates ASIC Business Name Summary

134 Boorooma Estate Pty Ltd ASIC Summary

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