ICAC told Landmark Square sale would give councillor's wife $500,000 commission

The ICAC is investigating whether, between 2014 and 2021, then Hurstville Council and later Georges River Council Councillors Con Hindi and Vince Badalati, and then Hurstville Councillor Philip Sansom, sought and/or accepted benefits as an inducement to favour the interests of Ching Wah (Philip) Uy, Wensheng Liu and Yuqing Liu, in relation to planning matters affecting 1-5 Treacy Street; and 53-57 Forest Road, 108-126 Durham Street and 9 Roberts Lane, Hurstville (the Landmark Square development).

Questioned by Counsel for ICAC, Zeli Heger on July 6, Philip Uy confirmed through a translator that Mrs Hindi told him on an "agent-to-agent basis" that the Landmark Square property was available for sale and asked whether he knew anyone who would be interested in purchasing it.

Mr Uy confirmed that he spoke to Wensheng Liu (One Capital Group) about the opportunity and he had expressed an interest in the property.

Ms Heger, "You told Mrs Hindi you had a buyer?"

Mr Uy, "Yes."

One Capital Group ultimately did enter into options for Landmark Square.

Ms Heger, "Did you give a suggestion on how much the Landmark Square Land was worth?"

Mr Uy "Several landlords offer a price for selling the property."

Ms Heger "And that price was $36 million in total?"

Mr Uy "More or less. 35 or 36."

Ms Heger "Mrs Hindi gave you a copy of this (buyer's) agreement with the details completed?"

Mr Uy "Yes."

Ms Heger, "The agent's fee is $500,000 plus GST." And it was you who proposed the $500,00 or Mrs Hindi or someone else?

Mr Uy, "Not me."

Ms Heger, "So was It Mrs Hindi?"

Mr Uy, "I have no idea.I don't know."

The agreement was signed on 24 July, 2017.

Ms Heger, "By this point in time all Mrs Hindi had done was tell you that Landmark Square was up for sale, correct?"

"Yes.

Mr Uy confirmed that Mrs Hindi helped him to negotiate with the landlord before this time.

"And did she do any further work on Landmark Square in terms of the purchase after 24 July?"

"No."

Ms Heger, "$500,000 is a fairly generous payment for the works she had done up to that point. Would you agree?"

Mr Uy, "It's based on a standard percentage of the agent fee set by the agents. Out of $35 million a commission of $500,000 is an ordinary one."

Ms Heger, "You recommended to Wensheng Liu that he enter this agreement to pay Mrs Hindi $500,00 if the sale went ahead, correct?""

Mr Uy, "Yes.

Ms Heger, "Why did you think it was a good idea to pay Mrs Hindi $500,000 at this point in time?

Mr Uy, "Because normally you pay the agentt 1.5 per cent, 1per cent or 2 percent. It is quite normal practice."

Ms Heger, "But you're a real estate agent, you could have negotiated this sale on your own behalf, you didn't need Mrs Hindi, did you?".

Mr Uy, "Because it is a practice in the industry you cannot get into other people's business, Because she was the listing agent we can't dip into it. It's immoral to get around and steal somebody's business."

Ms Heger, "I'm suggesting that there was something else going on here. There was another reason why you considered it was a good idea for Mr Liu to agree to pay $500,000 to Mrs Hindi. And the reason for that was because you know Mrs Hindi was married to Mr Hindi who would have a role in determining any planning proposals for Landmark Square, is that right?"

Mr Uy, "I disagree."

Commission Stephen Rushton asked Mr Uy if he knew they were married, Mr Uy said that he did

Ms Heger, "And you know at the time he was a councilor on Hurstville Council?"

Mr Uy said the planning proposal was not approved by the council but by the State Government.

Ms Heger, "But you understood that Hurstville Council first had to vote in favour of the Landmark Square planning proposal before it went to the State Government?"

Mr Uy, "It didn't come across my mind at the time."

The hearing continues.