The Creighton Report

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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