The Creighton Report
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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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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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(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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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)
<https://www.facebook.com/pascoeconstructions>.
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) <https://www.engineersaustralia.org.au/Event/mill-iconic-wagga-wagga-building-sitetour>.
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).
14
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).
15
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).
16
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).
17
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).
21
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 <https://ladex.com.au>.
86
WWCC Annual Reports 2009/10-2018/19 <https://wagga.nsw.gov.au>.
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 <https://committee4wagga.com.au/board-of-management>.
89
590 Tooyal Road, Euberta NSW Title and Dealing (Attachment 75).
90
WWCC Annual Reports 2009/10-2018/19 <https://wagga.nsw.gov.au>.
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) <https://www.riverinaleader.com.au/story/4623362/council-rejectshandshake-deal>.
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
<https://www.linkedin.com/in/terry-dodds-18a81430>.
96
Tenterfield Shire Council <https://www.tenterfield.nsw.gov.au/your-council/about-council/senior-staff>.
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 <https://imagingassociates.net.au>.
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
(<http://garrycoxhomes.com.au>), 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).
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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 <https://www.chamberlainssbr.com.au>.
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 <http://scd.net.au>.
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 <https://www.bcmdesign.com.au>.
(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) <http://www.waggalandsales.com.au/wp-content/uploads/2014/07/Fill-Information.pdf>.
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 <https://forrestcentre.com.au>.
143
Belinda King Facebook Page <https://www.facebook.com/belinda.king.102>.
144
Australian Charities and Not-For-Profits Commission, ‘The Mary Potter Nursing & The Ethel Forrest Day
Care Centre Pty Ltd’ <https://www.acnc.gov.au>.
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)
<http://www.harness.org.au/media-room/news-article/?news_id=31676>.
163
Harness Racing NSW, ‘Wagga Development on Track’ (Media Release, 7 April 2017)
<https://www.hrnsw.com.au/news/1660/wagga-development-on-track>.
164
McKinnon Design, ‘Expressions of Interest – Building and Earthworks New Harness Racing Facility
Wagga Wagga NSW (closed on 6 June 2016)
<https://www.australiantenders.com.au/tenders/272411/expressions-of-interest-eoi-building-and-earthworksnew-harness-racing-facility-wagga-wagga-nsw>.
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 <https://wagga.nsw.gov.au/__data/assets/file/0019/4348/Murrumbidgee-River-Wagga-Wagga-
Flood-Study-Final-2004.pdf>.
169
WMA Water Pty Ltd, ‘Wagga Wagga Floodplain Risk Management Study’ (Report, April 2018)
<https://wagga.nsw.gov.au/__data/assets/pdf_file/0007/79396/Wagga_MR_FRMSP_Final_Volume1_180413
.pdf>.
170
WWCC, ‘Agenda and Business Paper’, Floodplain Risk Management Advisory Committee (12 September
2017), 3–4 <https://meetings.wagga.nsw.gov.au/Open/2017/09/FRMAC_12092017_AGN_AT.PDF>.
171
GRC Hydro Pty Ltd <http://grchydro.com.au>.
172
Mark Babister LinkedIn Profile <https://www.linkedin.com/in/mark-babister-4571a411>.
173
Office of the Queensland Chief Scientist, Queensland Government, Science, Engineering and
Technology Panel
<https://www.chiefscientist.qld.gov.au>.
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 <https://cdgprojects.com.au/about-us>.
179
WWCC, 'Section 79C Report for Development Application DA12/0300 Estella Rise’ (22 April
2016)(Attachment 128).
180
Windmill Downs <https://www.windmilldowns.com.au>.
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: <https://wagga.nsw.gov.au/city-of-waggawagga/council/meetings/watch-live>
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)
<https://wagga.nsw.gov.au/city-of-wagga-wagga/council/news/news-archive/october-2017/peter-thompsonappointed-as-general-manager>.
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 <https://www.facebook.com/rod.kendall.9>; see Mayor Conkey’s page
<https://www.facebook.com/greg.conkey.3/friends>.
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
<https://www.facebook.com/belinda.king.102> and Andrew Conkey’s Facebook page
<https://www.facebook.com/andrew.conkey>.
• Jordan Kendall (Rodney Kendall’s son) has Andrew Conkey as a Facebook friend. See
Jordan Kendall’s Facebook page <https://www.facebook.com/jordan.kendall.81/friends>.
185
Greg Conkey ASIC Name Extract Search (Attachment 132).
186
Greg Conkey & Associates ASIC Business Name Summary (Attachment 133).
187
Greg Conkey LinkedIn Page <https://www.linkedin.com/in/greg-conkey-9843412b>
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