The Creighton Report

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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