Monday, April 22, 2019

Nightcap Village - A Land-Share Nightmare

Aboriginal curses haunt the property where Peter van Lieshout, brother of A-Mart billionaire,  wants to build Nightcap Village, an unapproved land-share development promoted by American celebrity Don Tolman.

According to locals, the land was cursed by aborigines after a massacre by brutal whitefella. For those who lost entire life-savings after investing in the Mt Burrell land-share scam between 2014-16, the hurt and harm is curse enough to add flame to legend.

With ongoing court battles and blogwars between defrauded investors and the primary controller of the alleged fraud, Adrian Brennock, the scam has expanded and changed name from Bhula Bhula Village Community with Mt Burrell Commercial that fleeced 21 families of over $2 million, to Mt Warning Eco Village, Nightcap on Minjungbal and now Nightcap Village.

Ignoring a storm of local opposition, the first attempt to build Nightcap Village in the environmentally protected valley received approval from Tweed Shire Council when Peter's wife, Joan van Lieshout was mayor. Unable to finance necessary infrastructure, the development failed in 2009 and development approval lapsed. 

Five years later, Bhula Bhula Village Community was co-founded by Mark Darwin and "AB," Adrian Brennock, also known as Andrew Brennon. Building an online following using truthology.org, freedomsummits.com and social media, Darwin and Brennock advertised an "ethical investment opportunity" offering co-ownership of land to those providing purchase money for two Mt Burrell properties.

Investors were misled to believe that land share occupancy was allowed on the property with development approval in process, and the scam was given credibility by appointment of Mullumbimby lawyer Wrothwell Wall as "Community Lawyer," into whose trust account investors paid funds in good faith.

Receiving almost $2 million from investors, lawyer Wroth Wall endorsed purchase of the first property at 3222 Kyogle Rd, Mt Burrell. This trusted lawyer then allowed AB to establish personal ownership and control of the property with a $1 shareholding. 

Investors were denied promised co-ownership of the land then evicted from the property by Brennock, without restitution of funds, after triggering litigation by Tweed Council in the Land and Environment Court.

Mt Burrell Commercial
Again using investors' funds, the adjoining property including the iconic Sphinx Rock Cafe, servo, shops and caravan park was also purchased. Angry, disenfranchised investors were threatened, harassed and slandered when they attempted litigation to recover their losses.

In 2016, brazenly defying those they had defrauded, Darwin and Brennock made shareholder agreements with neighbor Peter van Lieshout to join the stolen properties to his 3,000 acre estate and continue the scam on a larger scale in a venture named Mt Warning Eco Village.

Exposed in local newspapers, blogs and social media as an ongoing fraud, Darwin and Brennock initiated defamation claim in NSW Supreme Court twice requesting urgent injunctions for court orders to gag the publication of information that may warn potential new investors about the scam. Their first injunction was withdrawn after evidence of fraud was revealed and the second claim of injurious falsehood in the blogs of defrauded investors was denied by Justice Lucy McCallum.

Home-sites on sale without development approval
After details of the alleged fraud were revealed in the media and the courts, the name was changed to Nightcap Village and continued to be advertised online as a viable intentional community with valid development approval in place.

The contested land was mortgaged in 2017 by Brennock who requested receivership of the property by Vincents' liquidator, Steven Staatz, in a  phoenix move intended to transfer legal ownership of the stolen property to Nightcap Village, while divesting liability to defrauded investors.

With evidence of collusion in crime between Brennock and Vincents, attempts to prevent the phoenix move are ongoing in Brisbane Federal Court, where the matter was adjourned by Derrington J on February 25 2019, without hearing closing arguments. 

In Sydney Supreme Court of Equity an initiative by defrauded investors to recover the stolen properties on grounds of fraud brings charges of fiduciary misconduct against lawyer Wroth Wall. The alleged cyber-scam has also been reported to Federal Police.

Continuing to sell "home-sites" through exclusive agency Nightcap Realty, Richard Moate misrepresents the status of litigation, and continues to solicit sales with promises to potential new investors that development approval is "coming soon".

Those deceived investors who swallowed the lies and suffered the curse of shattered dreams and empty bank accounts hope that truth will prevail and justice will be upheld. 

Meanwhile, any ingenuous idealist still throwing hard-earned equity at the ongoing land-share nightmare cannot complain they were not warned.

Brisbane Courier Mail report, 2016

Sunday, April 21, 2019

Ripped Off

By Stuart Newman - A Defrauded Investor

Unfortunately everything on this Blog is true!

I say "unfortunately" because I am one of the members of this failed community. Very unfortunate for us. It has destroyed our lives. Now trapped in limbo, we are trying desperately to get our life savings back.

 My hope is in posting this that someone will read this before they fall victim to these scam artists. I say "scam artists" but I don't mean "artists" in any pretty way. The way they work is very ugly. Total con-men! 

Slick sales and the ability to lie directly to your face knowing all along that they plan to take your life savings and use it to buy themselves expensive toys and fund the expansion of their financial shit show.

Our community did not fail because of personality differences, it failed because it became obvious that the financials were being kept secret and that $600k was missing from our accounts. 

Records show it was taken by Mark Darwin and Adrian Brennock and the small team of dumb asses that have been suckered in to follow them.

It also became obvious that they had hidden a town planners report that showed we would never be allowed to build our community there due to water catchment restrictions that they knew about all along.

Now they have crashed us into liquidation 2 days before we were to vote a new trustee and try to rescue ourselves. They have added $550k of fake creditors to the company -- all made-up expenses from their friends and family and other companies they control.

No valid attempt was ever made by them to sort this community out. Their plan is purely to make lots of money off the backs of families who are wanting to build community. 

And now they are doing it to another group of poor unsuspecting folks. My heart goes out to those folks.

As for Mark Darwin, Adrian Brennock, Cherrie Stokes, Steve McSween, Richard Moate, Phillip Dixon: The words "Narcissistic Psychopaths" come to mind.




Please share this to anyone who may be thinking of "community" in the Mt Burrell, Uki, Nimbin area.



May justice prevail! 
May we find our way back to peace!

Saturday, April 20, 2019

Nightcap Village News

Nightcap Village News is published by the Association of Defrauded Investors to expose Nightcap Village land-share scam.

The Nightcap Village property presented online is located at Mt Burrell, NSW, Australia, and was previously marketed as Nightcap on Mingungbal, Mt Warning Eco Village, Bhula Bhula Village Community, Mt Burrell Commercial and Rainmaker Eco Investments.


In 2015, advertising an "ethical investment opportunity" for land-share in an "intentional community" on websites Truthology.org and FreedomSummits.com, Adrian Brennock usurped ownership and control of two Mt Burrell properties that were paid for by investors in reliance upon his promises of co-ownership of the land.

Nightcap Village News is a warning from disenfranchised investors who have been fighting for restitution for four years, to those who are still being lured into this scam by false representations and ongoing deception.

Friday, January 11, 2019

Nightcap Village Scam Alert





A new blog, "Nightcap Village Scam Alert" posted at nightcapvillagescammers.blogspot.com is purportedly authored by "by current investors and former contractors of the project"


This blog at https://mountwarningecovillagescam.blogspot.com/ and the blog "Nightcap Village Nightmare at nightcapnightmare.blogspot.com.au, advise that these blogs are not associated with "Nightcap Village Scam Alert" nor do these blogs' management, who act for the "Association of Defrauded Investors," endorse the blog "Nightcap Village Scam Alert".

The "anonymous" author is notorious and well known: Mark Darwin, a major shareholder in the project. He acted as marketing manager making false representations until recently thrown under the bus by his former partners in "unconventional business".

Under the futile guise of anonymity, Darwin now attempts to expose his former cohorts.

Darwin is himself under legal scrutiny for his alleged role in the land-share scam, charged with defrauding investors of over $2 million during 2014-16.


For more information pls see:
https://nightcapnightmare.blogspot.com/2018/11/justice-denied_5.html

.

Friday, December 7, 2018

Federal Court Stops Vincents Receivership


“The precepts of Natural Justice apply that affirm a natural sense of what is right and wrong.” Lord Esher, 1885

 

Report on Federal Court Hearing, December 3-6 

By Gi Linda

Steven Staatz, Vincents
A four day hearing set for December 3-6 in Qld Federal Court to decide an application for receivership by Vincents' liquidator Steven Staatz came to an embarrassing halt for Staatz on the third day, after conflict of interest by Vincents was exposed.

Staatz is requesting receivership of the company Wollumbin Horizons, disputed owner of a contested Mt Burrell property, now designated as part of Nightcap Village/ Bhula Bhula International Community.

Adrian Brennock with Tyler Tolman at "Nightcap Village"
Adrian Brennock, Tyler Tolman at "Nightcap Village"
Staatz is alleged to be facilitating an illegal phoenix move enabling Adrian Brennock, company director and fiduciary to the estate, to retain private ownership of the property, while continuing to operate a lucrative land-share scam.

Collaborators include neighbouring landowner, Peter van Lieshout, brother of Queenslands' top billionaire, Super A-Mart founder, John van Lieshout. The venture is promoted by American health celebrities Don Tolman and son Tyler.

Ian McKinnon Vincents Chartered Accountants
Ian McKinnon, alleged conflict of interest
Barrister Ian McKinnon joined Vincents Chartered Accountants in 2002 as a forensic accountant with particular focus on financial crime. In 2016-17, Nightcap Village FAQ was sent to potential investors, listing Vincents and Ian McKinnon as professional advisors to Nightcap Village.

When previously questioned about conflict of interest, Staatz and McKinnon  denied any prior association and Brennock dismissed the naming of Vincents and McKinnon as advisors to Nightcap Village as "a mistake".
Nightcap Village FAQ lists Vincents as advisors
Nightcap Village FAQ lists Vincents as advisors


Collusion between Vincents and Brennock was revealed by defrauded investor Ron Berry at the Federal Court hearing, with evidence that Vincents' Ian McKinnon was deeply associated with Brennock.

Contrary to denial by Staatz and McKinnon, further testimony by Brennock's former partner, Mark Darwin, confirmed long-term friendship and collaboration between Vincents' McKinnon and Brennock prior to initiation of liquidation by Vincents and appointment of Staatz as administrator.

Phoenix Activity


Phoenixing, causing more than $5 billion annual loss to the Australian economy, has become an easy way for directors to burn an indebted company, revive the same business under a changed name and defeat creditor claims. See The Rise of the Phoenix.

Corporate regulators, ASIC, ARITA and the courts usually turn a blind eye, as phoenix activity operates in a permissive twilight of white-collar crime under shadow of law. AccountantsDaily reports one rare case where illegal operators have come under a spotlight. The Federal Court has commenced public examinations on entities connected to one dodgy pre-insolvency adviser: Suspected dodgy advisers, directors head to court after ATO swoop.

Vincents' convicted  liquidator Stuart Ariff
Vincents' convicted  liquidator Stuart Ariff
Vincents is still smarting from NSW District Court's conviction of liquidator Stuart Ariff in 2011, on 19 criminal charges involving phoenix activity.

Ariff was ordered to pay $4.97 million compensation and jailed for six years, but paroled in 2015. His trial by jury triggered a Senate inquiry into the insolvency industry in 2010, though little changed as a result. See ASIC report.

If successful, the intended phoenix move by Vincents and Brennock would transfer land title to Brennock in his private capacity and divest over $2.2 million in liabilities and debts to defrauded investors, including myself and more than twenty others.

Since Staatz initiated the Federal Court hearing in January 2017, Judge Derrington has indicated intention to allow Staatz to sell the land with a lien covering his fees and legal costs. Instead, evidence of conflict of interest by Vincents forces a closer look at a notorious legal loophole that allows corporate crime to flourish with impunity.

The Federal Court hearing was halted a day early, on December 5th by Judge Derrington, with orders that Staatz provide to the Court by December 21 an explanation regarding evidence of conflict of interest.

Defendants must respond by January 25 and a further hearing is listed for February 25, 2019.

Meanwhile, investors whose class action for proprietary relief and cross-claim against Staatz in June 2018 was summarily dismissed as "scandalous" with no hearing and a suppression order over Court documents are preparing an appeal to the High Federal Court charging Staatz and Brennock with criminal activity.




Friday, November 9, 2018

The Rise of the Phoenix

"He who was but now the sire comes forth from the pyre the son and successor;
Between life and life lay but that brief space wherein the pyre burned."
Claudian, The Phoenix  (Roman poet, 4AD) 

 By Gi Linda -

According to legend heard at Heliopolis in Egypt, there exists a fabulous bird called the phoenix, like an eagle, with feathers of red and gold. When this bird's life draws to a close he builds a funeral pyre, commits himself to the flames and dies. Out of self-immolation a maggot emerges and a new phoenix appears on the fiery altar

In modern commerce the phoenix bird is an icon, inspiring businesses burned by debts to rise from the ashes of destruction and continue trading under a different name, leaving their creditors behind

Phoenixing is illegal, but that's not much of a deterrent, and it's become a booming business for delinquent company directors and their facilitators, insolvency liquidators, lawyers and judges.

As the Australian government promises to legislate new phoenix offenses to deter illegal phoenixing, a case now in Qld Federal Court is challenging alleged phoenix moves by Vincents liquidator Steven Staatz and company director Adrian Brennock, that involves 21 defrauded investors who paid more than $2 million as intended co-owners of property in a NSW community land-share venture.

The economic impact of illegal phoenix activity

An Australian Inter-Agency Phoenix Taskforce made up of 29 government agencies aims to reduce the impact of illegal phoenix activity. In July 2018, the Phoenix Taskforce published a report, The Economic Impacts of Potential Illegal Phoenix Activity, that defines as illegal phoenix activity the deliberate and systematic liquidation of a corporate trading entity which occurs with the intention to continue the operation and profit taking of the business through other trading entities, while avoiding liabilities:

"Phoenix companies arise from the ‘ashes’ of a collapse of a commercial entity, leaving behind a trail of avoided outstanding payments to tax authorities, creditors, businesses, customers and employees."

According to the report, the annual impact of illegal phoenix activity is now over $5 billion a year

Thirteen Commonwealth government agencies, including ASIC, the ATO and  Fair Work Ombudsman have powers to investigate and prosecute "phoenix activity" or "phoenixing". But usually they don't.

Australian courts have absolute authority to stop illegal phoenix activity and to impose penalties on delinquent directors and liquidators. But, usually they don't, as self-represented defrauded investors challenging Vincents' liquidator Steven Staatz discovered when a Brisbane Federal Court Judge refused to hear their evidence of phoenix activity, and slapped a suppression order on their request for justice.

Curbing the Flight of the Phoenix describes how phoenix moves are used by companies in insolvency to divest liabilities:

"Like the mythical bird that dies and then resurrects, phoenixing is the deliberate liquidation of a company to avoid paying tax, creditors or employees and then the ‘resurrection’ of the business through a different entity. It is illegal. The negative impact of insolvency is magnified by phoenixing, which enables a company that owes money to creditors and employees to restart without paying its debts.
 
"Regulators are aware of the problem. ASIC announced in September it will conduct surveillance of 1,400 target companies and approximately 2,500 individuals... Concurrently, the ATO announced it will investigate 2,000 property developers..."

Jotham Lian reports at accountantsdaily.com.au:

Suspected dodgy advisers, directors head to court after ATO swoop

"The Federal Court has commenced public examinations on entities connected to a dodgy pre-insolvency adviser, in a move welcomed as shining the light on illegal operators.

"ATO deputy commissioner Will Day has confirmed that more than 45 service providers, clients, employees, and alleged ‘dummy directors’ of phoenix companies connected to pre-insolvency adviser Philip Whiteman will be examined in the Federal Court on the grounds of suspected promotion and facilitation of phoenix activities and tax schemes."

Until now very little has curbed the rise of the phoenix as companies in default increasingly use liquidation as a means to divest liabilities.

Australian Restructuring Insolvency & Turnaround Association (ARITA) chief executive John Winter told Accountants Daily:

“These unregulated and almost-always unqualified advisers promote their wares to often unsuspecting people who are in financial distress, and what they offer them is generally illegal solutions...They are a scourge on the economy, ripping off creditors, employees and taking advantage of people at their weakest moments. The message needs to be sent to these so-called advisers and the directors who use them that they will be found out and prosecuted.”


The Flight of the Phoenix

By Gi Linda-

In Australian courts, news reports and blogs, victims of "Nightcap Nightmare" are warning that sovereignty activists Mark Darwin and Adrian Brennock are selling home sites with idyllic views of Mt Warning on environmentally protected property without development approval.

Victims of Nightcap Nightmare warn that "Freemen" Darwin and Brennock scammed them of life savings, inheritances and much goodwill, making false promises muscled by contrived urgency to induce payment of money into a dubious land-share venture cloaked as a visionary initiative managed by credible and trustworthy professionals.

Under a functional legal system, such dishonest scamsters would be stopped, but Nightcap Nightmare has confronted justice for more than three years in four jurisdictions: the Supreme Court, Federal Court, Magistrates Court and the Land and Environment Court. As "Freemen" they expect the courts to bow to them.

During 2014-15, Adrian Brennock and Mark Darwin solicited “interest” from investors at public events and secured finance without adequate contractual procedure.
Potential investors attracted by online marketing, public presentations and private meetings with Mark Darwin, were deceived by promises about legal advisers, legal structures and process, financial management, potential and permissible land use, property management and the status of development applications for land-share occupancy.

The required payment was $40,000 from mid 2014, then rose to $80,000 in February 2015 and increased to $120,000 by July 2015, with uncertain caps on the maximum number of intended participants.

During 2014-15, Investors provided $1,913,000 in purchase monies for Land, with additional loans and payments of superannuation. These purchase monies were not registered. Most were held on trust by “Community Lawyer” Wroth Wall, principal of Wall & Company Lawyers.

The purchase monies were made in expected exchange for co-proprietary interest in the property, through membership of a registered Incorporated Association that was intended to be legal owner of the Property.

Acceptance as a “Community Member” followed direct transfer of purchase money for the property, paid into one of Darwin’s several trust accounts and nominated for the purpose of “Formation of a Community”.

On May 8, 2015, the Association “Together in Harmony Incorporated,”  Registration Number: INC1500616 was registered with Fair Trading.

In June - August 2015 a video and a Legal Structure Diagram were supplied by Darwin to potential investors, including me. The video and the Legal Structure Diagram present an “unconventional” confusing legal structure that inserts an apparently unnecessary additional private Company as “trustee” of a supposed “trust fund” that appears intended to be owned by the Incorporated Association with transfer of a sole share by the purchasing Company to the Incorporated Association.

This convoluted legal structure was legitimized by trusted Community Lawyer Wroth Wall and Czech lawyer Michal Hajeck.

On June 22, 2015, the Company, Wollumbin Horizons Pty Ltd, was incorporated.

Two different “trust deeds” provided to Investors purport to establish a “trust fund” to be controlled by “Unit Holders”. Terms of the “deeds” provide prospective “Unit Holders” with membership in “Bhula Bhula Community Village” and supposed control of assets, but not co-ownership of the Property purchased with Investors’ funds, as had been promised.

On June 23, 2015, the second deed of trust purported to establish the “Bhula Bhula Community Village Trust” for the purpose of managing assets on behalf of its beneficiaries, while also enabling transfer of communal assets to private ownership.

The Company was appointed as “trustee” of the “Trust,” but the Trust Deed was not executed or registered.

Neither the Settlor of the Trust nor the Company Director signed the Trust Deed and no property or other asset was settled or intended to be settled in the Trust, apart from a prospective $20. “Bhula Bhula Community Village Trust” does not exist, except as a fictitious paper entity that was imposed to defeat promised co-ownership of the Property by Investors as members of the Incorporated Association.

On June 30, 2015, the Company entered into a contract to purchase the Property being Lot 20 in Deposited Plan 7557 14A and 7557 14B, and Lot 2 in Deposited Plan 1148316. The Property was purchased using $588,459 of Investors’ money, together with a mortgage of $550,000.

The Contract was authorised by “Community Lawyer” Wroth Wall with the purchaser being “Wollumbin Horizons Pty Ltd t/as Bhula Bhula Village Community Trust”. Bhula Bhula Village Community Trust” does not exist. On payment of the purchase price of $1,175,000 the Company became the registered owner of the Property.

Instead of transferring ownership of the Property to the registered Incorporated Association, providing purchase money Investors with promised shared proprietary rights to the Land, the private Company controlled by Brennock remained legal owner of the Property and the Company was designated as supposed “trustee” of the invalid “Trust”. The self-appointed Company Director issued to himself a single share in the Company of value $1, becoming sole owner and controller of the Company’s Land asset.

An “Application Form” attached to the improperly executed “Trust Deed” requesting a “Unit” in the fictitious “Bhula Bhula Community Village Trust” was signed by some who by renouncing their promised proprietary interest in the Land enabled the “unconventional” manoevre by Brennock and Darwin to substitute an invalid “Trust” for the promised Incorporated Association. Disenfranchised purchase money Investors, instead of becoming co-owners of the Property, instead received conditional inclusion as “Members” of a supposed “Community,” being holders of “units” in an invalid “Trust” owning nothing. 

Twenty one "contingent creditors" with a "just estimate" of claims amounting to zero or $1 were admitted for voting purposes only; not for any beneficial remuneration, however these ”Unit Holders" claim that a debt is owed to them by the Company t/as a non-existent “Village Community Trust,” acting as unregistered "trustee" of an unexecuted “Community Village Trust.”

Despite receiving assurances by the Administrator that liquidation would be in their best interest, disenfranchised “Unit Holders” who paid for the land are not recognised by the Administrator as authentic creditors of the Company, since their supposed "debts" of $0-1 arise from unregistered transactions with the dishonourable company Director that are unenforceable. Supposed debts to "Unit Holders" due to failure of these "unconscionable contracts" were therefore not incurred with the Company concerned.

The Administrator assured contingent creditors without valid claims on the Company that they would benefit from voluntary liquidation, in consequence the majority admitted for a debt of $0 voted for liquidation, expecting to get their money back from sale of an asset they do not own. 

The Administrator encouraged false expectations of favourable outcomes. He led "Unit Holders" in an improperly executed “Trust” with no legal relation to the Company, and no connection between their investment and the asset, to falsely believe they were legitimate creditors of the Company and would benefit from liquidation. The Administrator also accepted dishonourable director-related transactions without question, to the detriment of legitimate creditors. These "contingent creditors” voted in favour of liquidation, so their invalid majority outweighed the legitimate vote against liquidation.

A supposed "committee of inspection" of "contingent creditors" that voted to undermine the interests of authentic creditors subsequently made improper secrecy agreements with the Administrator.

In 2017, Darwin, Brennock and Phillip Dixon initiated a campaign of harassment, stalking defamation and intimidation of opponents, including a SLAPP action in Sydney Supreme Court,  Defamation List, with perjured claims, followed by a false injurious falsehood claim and two urgent interlocutory injunctions that failed.

The “Community Solicitor,” Wroth Wall, testifies regarding his participation in the venture in an affidavit Aug 2018. Prior to the purchase of the Property he received applications for “Units” from some potential investors," but he did not warn them of known land-use restrictions.

In light of the evident prohibition on rural land sharing communities on the designated Property, he advised that it was appropriate to obtain planning advice prior to contracting for purchase of the Property. His advice was rejected by Brennock and Darwin who instructed him to proceed with the purchase without comprehensive planning advice.

An “Incorporated Association” called “Living in Harmony” was supposed to provide Investors a proprietary interest in the Land, but was switched in June 2015 for a private company owned and controlled by Brennock, “Wollumbin Horizons Pty Ltd”.  A single share in the Company (WH), value $1, was issued to Brennock.
After completion of the Property purchase, the single $1 share in the Trusteee Company held by Brennock was not transferred to the Incorporated Association and none of the Units in the Trust were issued.

Neither Community Solicitor Wroth Wall nor Brennock nor Darwin informed Investors of the switch from an Incorporated Association to a private company owning the land. Nor did they explain the implications: that the land to be purchased would be owned and controlled by Brennock personally, and not jointly owned and controlled by investors, as offered.









Monday, July 23, 2018

NightCap Eco Village Nightmare

Local outrage opposing Nightcap Village in 2007.

Dreamweavers of deception spin webs of delusion, selling dreams of idyllic utopia. Poetic sophistry blended with snakeoil sets the snare. Trapped in a cave of shadows, it's hard to escape when the quest for restitution only leads to a tilted stage of injustice where the sword cuts both ways.

NightCap Eco Village, promoted by American health gurus, Don and Tyler Tolman, is a dream spun from deception, misleading investors to drain their bank accounts into a communitarian venture in northern New South Wales, Australia, that has already left a long trail of victims clamoring for restitution.

Read more

Litigation related to evident "Phoenix action" by NightCap Village has been ongoing in NSW Supreme Court and Brisbane Federal Court since 2017 by investors who lost life savings, inheritances and pension funds in mistaken trust of the controllers of the proposed land-share development that began in 2014-15 as "Bhula Bhula Village Community", and is now called  "NightCap Eco Village".

This litigation by investors who paid for the land during 2014-15, is intended to achieve restitution by stopping the transfer of  land to the same controllers under the new name NightCap Village, or Nightcap Eco Village, or NightCap on Minjungbal. The name always changes but the scam remains the same.

Eight years ago, the marketing offer was the same as today: co-ownership of land with membership of an Intentional Community in exchange for purchase moneys for property... but that is not what duped investors got during 2014-2018! 

Despite assurances by Tyler Tolman in his promotional video for Nightcap Eco Village that investors will have title to the land they purchase, the proposed multiple occupancy development does not have prior development approval, as required by local authorities. It is located on environmentally sensitive land subject to protective regulations, with intense local opposition to the proposed "village"

Inspired by his successful brother, property developer and A-Mart billionaire, attempts by Peter van Lieshout to build "Nightcap Village" on his 3,000 acre Mt Burrell property date back to 2007, when his wife, Joan van Lieshout, was Mayor of Tweed Shire Council. A development application was approved by the council despite intense local opposition to the proposed 300-home development in an environmentally protected region.

The project was revived in 2016 when landowner Peter van Lieshout offered shareholder agreements to Adrian Brennock, Mark Darwin, Cherie Stokes and Phillip Dixon, after their "Bhula Bhula Community Village" on the adjoining property failed and those who had paid for the land were violently evicted without return of their investment.


Prospective investors in the current "NightCap Village" are also not informed that the opportunity to obtain development approval is already closed. 
 
Misleading, confusing, conflicting marketing claims by Oliver Baker and Tyler Tolman affirm that the current "NightCap Eco Village" already has development approval, while they also claim that applications will be filed before August 2018 and the process of approval is expected to take four months, or maybe "some time".

Marketing offers and promises based on deceptive town planners' reports claim that "NightCap Village" benefits from continuation of the DA approval granted to Peter van Lieshout's "Nightcap Village" in 2007. 

The falsity of these representations is evident in council records and newspaper reports confirming that the first attempted Nightcap Village failed due to high infrastructure costs. Development approval lapsed in 2009 and has not been restored. 

Potential new investors who have read the NightCap Village marketing disclaimer, in tiny font, that actual events may turn out to be quite  different from any marketing promises, and have done due diligence as suggested, will discover that August 2018 is the statutory cut off for approval of land-share development applications in Mt Burrell region.

Tweed Shire Council was asked to respond to Nightcap Village marketing claims that development applications would be filed before the "cut-off date" of August 2018, and that approval could be expected within four months. 

Tweed Shire Council confirms the application process for such a complex development normally takes two years and there has been no change to the cut-off date for completion of development approval applications already in process, with a "6 August deadline for the cease of permissibility of rural landshares in the Tweed."

"On 5 August 2016 the NSW State government repealed State Environmental Planning Policy (SEPP) No 15 – Rural Landsharing Communities. NSW SEPP (Integration and Repeals) commenced on 6 August 2016.  This SEPP will be repealed on 6 August 2018. This SEPP provided a legislative tool, for a predetermined period of time, for landsharing communities to have an approval path following the repeal of the previous SEPP.
 

The application cannot be determined after the repeal date of 6 August 2018 as rural landsharing communities currently rely on this SEPP for permissibility within the Tweed Shire Local Government area.”   

This means that the final date for approval of rural landsharing communities at Mt Burrell is August 6, 2018.

Until now, no development application has been lodged for the proposed "Nightcap Eco Village" marketed by Oliver Baker and Richy-Rich Moate, with the helpful celebrity endorsement from Tyler and Don Tolman.

New names, nice faces, fake promises, old lies...

So before investing in  a home site on Tolman Ridge, take note that earlier investors are currently suing with claims over $2 million against the "NightCap Village Team", or "NightCappers" who ensure in their Info Kit smallprint disclaimer, as earlier investors discovered to their great cost, that these sophists and slanderers take no responsibility for actual outcomes that may significantly differ from their promises:

The information provided in this kit is true and correct at the time of publication, however this project is in its early stages and so the Directors, Founders and any other members of the NightCap Village team accept no responsibility for actual outcomes. 
  
Buyer Beware! 

Read More: