Nightcap Village - A Land-Share Nightmare

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.

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.

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".

Brisbane Courier Mail report, 2016