By Gi Linda
Aboriginal curses haunt the property where Peter van Lieshout, brother of A-Mart billionaire, wants to establish Nightcap Village, according to locals who say 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 venture between 2014-16, the hurt and harm that fleeced 21 families of over $2 million, is curse enough to add flame to legend.
With
ongoing court battles and blogwars, the venture has expanded and
changed name from Bhula Bhula Village Community and Mt Burrell
Commercial, to Mt Warning Eco Village, Nightcap on Minjungbal, and is
now called Nightcap Village.
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| Peter van Lieshout, Nightcap property owner |
Landowner
Peter van Lieshout's first attempt to build Nightcap Village in the
environmentally protected valley was in 2009, when it received
development approval from Tweed Council despite a storm of local
opposition. Peter's wife, Joan van Lieshout, then mayor of Tweed Shire
Council, denied conflict of interest.
Peter van Lieshout was unable to finance necessary infrastructure, so the venture failed and development approval lapsed.
Six years later, on adjoining property, Bhula Bhula Community was founded and advertised as 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 venture 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, allowed the
company director 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 without restitution of funds, after triggering litigation by
Tweed Council in the Land and Environment Court.
Again
using investors' funds, the adjoining property including the iconic
Sphinx Rock Cafe, servo, shops and caravan park was also purchased
through a private company. Angry, disenfranchised investors were
threatened, harassed and slandered when they attempted litigation to
recover their losses.
In 2016, shareholder agreements joined neighbor Peter van Lieshout's 3,000 acre estate to the Bhula Bhula property in a larger venture named Mt Warning Eco Village.
Exposed in local newspapers, blogs and social media, the controllers of the venture initiated a defamation claim in NSW Supreme Court twice requesting urgent injunctions for court orders to gag the publication of information that may alarm potential new investors. The first injunction requesting a restraining order was withdrawn. The second injunction made claims of injurious falsehood published in the blogs, but the requested gag was refused by Justice Lucy McCallum.
In 2016, shareholder agreements joined neighbor Peter van Lieshout's 3,000 acre estate to the Bhula Bhula property in a larger venture named Mt Warning Eco Village.
Exposed in local newspapers, blogs and social media, the controllers of the venture initiated a defamation claim in NSW Supreme Court twice requesting urgent injunctions for court orders to gag the publication of information that may alarm potential new investors. The first injunction requesting a restraining order was withdrawn. The second injunction made claims of injurious falsehood published in the blogs, but the requested gag was refused by Justice Lucy McCallum.
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| Home-sites on sale without development approval |
After
details of the alleged fraud were revealed in the media and the
courts, the name of the venture was changed to Nightcap Village and
continued to be falsely advertised online as a viable intentional
community with valid development approval in place.
The
contested land was mortgaged in 2017 by the company director who
requested receivership of the property by Vincents' liquidator, Steven
Staatz, in a phoenix move intended to transfer legal ownership of the
property to Nightcap Village, while divesting liability to defrauded
investors.
In
Sydney Supreme Court of Equity an initiative by investors to recover
the properties is brought on grounds of fraud and fiduciary misconduct.
The controllers of the venture are also currently under investigation
by Tweed Police.
Despite
ongoing litigation by investors who lost life-savings in the venture
from 2014-17, Richard Moate continues to sell "home-sites" through his
fledgling agency Nightcap Realty. He continues to solicit sales with
promises to newbies that restitution of the losses of previous
investors, like the promised development approval, is "coming soon".
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| Brisbane Courier Mail report, 2016 |
