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The Creighton Report

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Wagga Wagga Report

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.

3

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