February 07, 2023

Nightcap Appeals Refusal of Development Consent - Update

On February 9 - 10, objections will be heard from experts and impacted locals in the Land and Environment Court during a two-day hearing of the matter NCV Enterprises Pty Ltd v Tweed Shire Council, regarding the development application DA21/0010 for a concept proposal to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots.

Also represented by NCV Enterprises are other landowners who were included in the original development application: Peter Van Lieshout, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd.

The NCV Enterprises DA application comprises a staged rural land sharing community and associated works over 24 lots and Stage 1 civil infrastructure works.

NCV Enterprises has appealed in the Land & Environment Court against the Regional Planning Panel’s decision to refuse their development application. Since 2017, similar applications by the prospective developers were refused three times by Tweed Council, prior to refusal by the Regional Planning Panel on 18 August 2021 due to "failure of permissibility".

February 03, 2023

Federal Court Favours Phoenixing

Concluding in an decision that signals a clear judicial green light to phoenixing with impunity, an application by liquidator Steven Staatz for payment of remuneration for liquidation of the company Wollumbin Horizons and sale of property in a phoenix action, was heard on February 2 in Qld Federal Court. 

Six years have now passed since the Liquidator made promises of completion and distribution to beneficiaries in six months. Proposed costs topped at $150,000 have blown out to over $1,500,000. Even so, the application was considered by Judge Derrington in favour of the liquidator. Judgement is deferred, but when formalised in orders, the verbal conclusions will enable a creditor-defeating phoenix action.

This will unfortunately result in the only beneficiaries being the company director, the liquidator, the lying lawyers and other associates who helped enable the phoenix activity.   

Request for Investigation of Liquidator

I am the second defendant and sole judgement creditor in this matter. At this hearing I objected to the liquidator's application and requested orders for an inquiry pursuant to s 423(1)(b) of the Corporations Act, since omissions and acts indicate that as a Court official, the liquidator of the property at Mt Burrell, NSW, has not faithfully performed the proper functions of a controller with powers as administrator, liquidator and receiver.

I contend that the conduct of this proceeding has involved misdirection with errors of fact resulting in errors of law and a civil miscarriage of justice, causing profound disadvantage to defendants.

The  Federal Court matter, QUD 32/2018, followed a request for winding up of the  company Wollumbin Horizons by the company director in 2017.

The liquidator reports in his application that the property was sold at public auction on 6 June 2020 for $2,000,000.00. It was listed for sale with Ray White Rural and Christie’s Prestige. The executive director of Christie’s Prestige, Eamon Lowe, is known to be a close associate of Wollumbin Horizons' director, who was convicted at Southport District Court in 2019 for attempting to mislead the Court. The Federal Court ignored warnings of conflict of interest.

The liquidator informed the Court that payment for the property was not made until 18 November 2020, and that, apart from highly elevated sales costs, no payments or disbursements have been made for more than two years, because he "has been unfunded” and that no funds are currently available to him.

Nightcap Phoenix

A central issue in this matter involves phoenix activity, facilitated by the liquidator. This was also addressed in my cross-claim of May 2018, which Judge Derrington, at an administrative hearing for joinder of parties, summarily dismissed and suppressed as “scurrilous”.

Intentional phoenixing takes its name from the mythical phoenix bird that rises from its own ashes after self-immolation. Phoenixing is intended to transfer assets from an insolvent company to a related company operating the same business. ASIC determines that such asset disposal is permissible if creditors are not disadvantaged, but phoenixing is deemed illegal if transfer of assets is intended to defeat creditor claims.

In 2017, the liquidator had advised contingent creditors that the best possible outcome involved a phoenix move in which property title would be transferred from the company Wollumbin Horizons to a related company, NCV Enterprises, run by the same people, carrying out the same business of selling residential lots devoid of development consent. 

The liquidator promised that the proposed asset transfer would be completed in less than six months at minimal cost and would provide sufficient funds to repay some of those who had invested in purchase of the property.

In 2020, the phoenix move was completed, but not under the terms offered to creditors.

The protracted delay and exorbitant costs were falsely blamed by the liquidator on "oppositions," which the Judge defined as "defendants who believed they were doing the right things, but were just running up costs for no good reason."

I find it deeply troubling that Judge Derrington does not consider pursuit of justice to be a "good reason" for opposing an illegal phoenix move. 

The Judge recognised that the company Wollumbin Horizons "was engaged in unlawful activities" involving construction of residences without development consent, and "as a consequence they wanted to keep the illegal scheme alive." But since the company director had declared himself bankrupt, the Judge commented that he could see no financial benefit in bringing justice to unlawful activities by the company director: "why chase someone who has no money?"

The Judge commiserated with the victims of the "unlawful activities" that had left so many people bereft of life savings and destitute, which he said was a "tragedy". But, he said, because the matter is complex and purchase money creditors are querulous, the best outcome for the victims, two years after the sale, is that the lion's share of proceeds from the property should be given to the liquidator and his lawyers.

I responded that the real tragedy is that this Federal Court has helped to ensure that the "illegal scheme" may be kept alive with impunity. 

Even worse, Judge Derrington has now established a glaring precedent that will expand a notorious legal loophole by giving a nod from the Court to the unjust trampling of  phoenix victims in favour of dominant commercial interests that practice misdirection.

December 20, 2022

The Demise of Mark Darwin

Mark Darwin informed followers on Facebook that he intended to end his life on December 18, 2022. Plagued by psychiatric problems and riddled with cancer, Mark Darwin killed himself as announced, leaving bereft the mothers of five of his children, Caz and Steph.  Recognition of accountability, remorse and restitution could have alleviated Mark Darwin's existential angst, but he refused to the end.

In 2014, under the facade of "Truthology" and "Freedom Summits," Mark Darwin was the original founder, charming visionary and promotor of the disastrous land-share venture called Bhula Bhula Intentional Community, now "Nightcap on Minjungbal". 

Soliciting funds to purchase two adjoining properties at Mt Burrell in the Tweed Valley, Mark Darwin snagged twenty investors and drained their life savings into the trust account of Mullumbimby lawyer Wroth Wall, in supposed exchange for co-ownership of the land purchased with these trust funds.

We lost everything when Darwin and his inner circle revealed their true colours. In total, investors who had trusted Mark Darwin were fleeced of over $2.5 million. I lost my inheritance. 

Bhula Bhula Intentional Community, 2015

In an attempt to achieve lawful justice and expose the truth I have been blogging about my experience. As a result, I became Mark Darwin's unrelenting nemesis. I was the actor in his bad dreams, dancing my defence on the tilted stage of injustice in Kangaroo Courts that beat the gavel to the chink of coin and sang to the tune of false narratives.

Since 2015, Darwin's land-share venture has continually expanded. Bhula Bhula was renamed Nightcap Village. Shareholder agreements were made with neighbouring landowner Peter van Lieshout, and for more than eight years, international marketing of the concept has continued to pull in funds from the sale of prospective residential lots on the property that I and others had paid for in 2015, with total failure of fulfilment of Mark Darwin's marketing promises.

Darwin was ousted from his own visionary venture in 2019 over claims of embezzlement, and replaced by the current controllers with celebrity promotors, Don Tolman, Tyler Tolman and Pete Evans, along with sovereignty activists Mark McMurtrie and Max Igan. 

While I commiserate with the families that Darwin left impecunious, I recall that I implored him repeatedly in our private conversations to shed the light of truth on the darkness in his soul by revealing the false narrative used to fleece the asleeple with a bait-n-switch trap. 

It is my conviction that peace of mind and harmonious living cannot be founded on a matrix of lies, especially if it is done under a deceptive banner of "Truthology". 

The partridge utters her voice, 
she gathers eggs which she did not lay; 
so is a man gaining his wealth unjustly; 
in the midst of his days his riches shall leave him, 
and at his latter end he will be a fool.

Read more:

Mark Darwin and Caz
Attractive online façades with changing names and faces conceal a long line of creditors pressing for restitution. Promoted by Mark Darwin, the current lure, “Mt Warning Eco Village” is sold as an exciting opportunity to be part of an up-market “intentional community” dedicated to an alternative lifestyle. The sales pitch sounds smooth, but baited buyers are not warned that habitation is not permissible on the residential sites offered for sale.

December 16, 2022

Nightcap - Naughty or Nice: Special Christmas Edition

Successful property developer and A-Mart founder John Van Lieshout became Queensland's top billionaire. In 2008, his brother, Peter van Lieshout, had an even bigger vision - he wanted to build a "village community" on his 3,500 acre property at Mt Burrell. His wife was Tweed Mayor at the time, and council approval looked like a shoe-in with councillors greedy for a slice of the pie, as featured on the cover of the local Echo newspaper's "Naughty or Nice?" 

Nice and not-so-nice neighbours objected loudly to the prospect of such an expansive intrusion into the seclusion of the environmentally protected Tweed Valley. They were over-ruled. Development consent was granted and Peter van Lieshout commenced construction by impaling a few stumpy pegs to mark the auspicious spot. By 2009, he was hobbled by tax debts and unable to provide required infrastructure for his proposed "Nightcapers." The idea died on the vine.

Twelve years later, in 2021, locals and environmental defenders once again rose up in opposition to a new plan by Peter van Lieshout, who attempted to revive the Nightcap venture through shareholder agreements with the pioneers of a neighbouring venture and their celebrity promotors who have been selling residential lots without development approval from 2014 until the present, 2022. 

The neighbouring venture began in 2014 under the name "Truthology," with promotor Mark Darwin marketing the meme "Together in Harmony." The proposed "Bhula Bhula Intentional Community" quickly proved to be toxic snake oil ending for investors in unfulfilled demands for restitution of lost life savings, five years of litigation in Kangaroo Courts, trauma, heartbreak and bitter conflict that by the end of 2022 is still unresolved.

Landowner Peter van Lieshout hopped in the cot with the Bhula Bhula boys as an increasing number of angry creditors sought restitution. Truthology disappeared and Bhula Bhula Intentional Community morphed into Mt Warning Eco Village. When mountains of warning by gutted investors exposed the mendacity of the promotors, the venture was renamed Nightcap Village, then Earth-Haven, and is now called Nightcap on Mingungbal, "the world's largest holistic village"

By 2022, despite rejection of development approval, the Nightcap website invites potential residents: 
"The Nightcap Village development is currently opening its doors to future residents, who can now apply to join the Community and Company as members".

Fronted by psuedo-aboriginals through a company called Yidaki, the developers/visionaries are selling supposed "tribal title" to residential lots without development consent. On their website they promise:
"This Project is the first of many such YIDAKI communities set for development and expansion around Australia and to be built on tribal lands in partnership with local tribes. By supporting this development and the developer’s vision, you are also helping to advance the alternative way of life for many others that share our tribal views and who want a way out of the system."

Funds are solicited on Nightcap's website with offers of 2.47 acres of land for $355,000:

In response to any concerns by buyers about the allegations of deception, fraud, and the long trail of disenchanted victims who complain they have lost money in the venture since 2014, prospective new residents are stroked by Nightcap "visionaries" with false assurance that clamouring creditors have been refunded.

With the promotors protected by Court Order from allegations of deception, bullying and fraud, the land-share scheme soon became a living nightmare to unrequited creditors who, after being denied the use and co-ownership of the properties they had paid for, were further denied a voice of reclamation.

December 08, 2022

Nightcap Phoenix Rises Again in Qld Federal Court

During the winding up of the company Wollumbin Horizons in Qld Federal Court, Vincent's liquidator Steven Staatz watched the phoenix fly when he sold the contested property to Nightcap's NCV Enterprises for $2 million.

The contested property at 3222 Kyogle Road, Mount Burrell, was sold by the liquidator in 2020, but most of the 37 claimants heard nothing until, more than two years later in November 2022, we were served with an interlocutory application filed by the liquidator in Qld Federal Court.

Steven Staatz is seeking orders for payment from the proceeds of sale of the land to himself first, in priority to supposed beneficiaries. If his application is approved by the Court, the proceeds from sale of the property and interest gained, as Staatz sat on the funds for more than two years, will be almost entirely disbursed to the liquidator and the lawyers. 

December 05, 2022

Nightcap Village Appeals Denial of Development Approval

Lawyers have advised neighbours and other interested parties that an appeal has been filed in the Land and Environment Court by Nightcap Village, against the Regional Planning Panel's refusal of development application:

NCV Enterprises Pty Ltd v Tweed Shire Council  
Matter No: 2022/00242095
Development Application DA21/0010 (DA)

The appeal was filed by NCV Enterprises on behalf of the landowners and applicants who made the development application: Peter Van Lieshout, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd. 

Since the venture began in 2014, DA consent has been refused three times by Tweed Shire Council and finally also by the Northern Regional Planning Panel on 18 August 2021 due to "failure of permissibility".

The rejected DA seeks consent for a concept proposal comprising a staged rural land sharing community and associated works over 24 lots and Stage 1 civil infrastructure works to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots.

Despite refusal of development consent, promotors of the prospective Nightcap land-share development have been selling "Pre-DA Dwelling Sites" for more than eight years under various names, without fulfilment of marketing representations, resulting in 37 creditors currently seeking restitution in Qld Federal Court. 

Pursuant to s34 of the Land and Environment Court Act 1979, Nightcap's application to contest Tweed Council's refusal to grant DA consent is listed for a confidential onsite conciliation conference at 322 Kyogle Rd, Mt Burrell, NSW, on 9 and 10 February 2023.

                                                       Read more:
Nightcap Village is an idyllic dream for celebrity chef Pete Evans and other vendors of hopium who are selling residential lots in a proposed Tweed Valley land-share community... but for disenfranchised creditors left destitute by deception and betrayal, the venture is an ongoing nightmare!

Letter to Residents from Sparke Helmore, Lawyers for Tweed Shire Council

December 03, 2022

Truth Will Prevail

“What is morally wrong can never be advantageous, even when it enables you to make some gain that you believe to be to your advantage. The mere act of believing that some wrongful course of action constitutes an advantage is pernicious.”
Marcus Tullius Cicero



Unjust Enrichment

The partridge utters her voice, 
she gathers eggs which she did not lay; 
so is a man gaining his wealth unjustly; 
in the midst of his days his riches shall leave him, 
and at his latter end he will be a fool.

December 02, 2022

A Current Affair Exposé of Nightcap Village

Channel 9's 'A Current Affair' investigates an infamous Australian celebrity chef, Pete Evans, as he spruiks the sale of "tribal title" to residential lots with "pre-development approval" in Nightcap Village development.

September 17, 2021

Contempt Sentencing - Nightcap Nightmare Blog

On 17 September 2021, the publisher of Nightcap Nightmare Blog was sentenced in NSW Supreme Court to prison for two weeks and a fine of $20,000, suspended on condition of good behaviour for two years, with legal costs in addition. Judge Sackar said he was imposing the severe judgement as a "real deterrent" because he considers the offending information "an affront to the Court".

I’m Gillian Linda Norman, known as Gi Linda, using screen-name “Free Radical”. I publish Nightcap Nightmare Blog together with a group of creditors. I have just received sentencing for contempt of court, with a tightening gag.

For the last four years, I have been on trial in NSW Supreme Court on charges of defamation and contempt of court, accused of imputing deception, fraud and bullying to the plaintiffs, kingpins in Nightcap Village, a prospective land-share venture at Mt Burrell, NSW.

September 16, 2021

Nightcap Nightmare Blog - Contempt of Court

Sentencing in NSW Supreme Court by Judge Sackar to decide the severity of punishment to be inflicted on Nightcap Nightmare Blog publisher, Gi Linda, for Contempt of Court, is listed for Friday, September 17, at 2pm. (Brennock v Norman [2021] NSWSC 716)

September 06, 2021

Nightcap Dreamers or Deceivers?

Nightcap Village is an idyllic dream for celebrity chef Pete Evans and other vendors of hopium who are selling residential lots in a proposed Tweed Valley land-share community... but for disenfranchised creditors left destitute by deception and betrayal, the venture is an ongoing nightmare!

Nightcap promotor Pete Evans, selling residential lots without  DA

Nightcap Development Application Refused... Again!

By 2016, more than twenty investors had provided over $2 million for purchase of property, paid to the trust account of the conveyancer, Mullumbimby lawyer Wroth Wall, without receiving the shared ownership of land and residential lots that had been promised. 

Promotors selling residential lots had silenced warnings that multiple occupancy was not a permissible use of the advertised properties, as potential investors were told that development consent already existed, was assured, or would soon be approved.

Although the land-share venture began in 2014, no concept plan was filed with Tweed Shire Council until 2019. Between 2019-2021, Nightcap's DA application was rejected three times by Tweed Shire Council and referred to the Northern Regional Planning Panel (NRPP).

The  current DA application, (DA21/0010), is for a "Concept Staged Development Application to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots" 

The applicants / land owners involved are: Peter Van Lieshout, NCV Enterprises Pty Ltd, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd. 

On 18 August 2021, the DA was rejected by the Northern Regional Planning Panel (NRPP) due to failure of permissibility.

Nightcap proposed concept

The panel determined to refuse the development application pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979.

The NRPP has published reasons for unanimously refusing the Nightcap Village development application:

Native Title 

Mingungbal squatters claim they are "true owners" of "Native Title"

The properties at 3220-3222 Kyogle Rd, Mt Burrell, that were purchased using original investors' trust funds without consideration, have been occupied since 2017 by Aboriginal rights activist Mark McMurtrie, self-identified as Gunham Badi Jakamarra.

Mark McMurtrie claims that "Native Title" to the estate has been gifted to a tribe of Mingungbal Islanders, who are now the "true owners". He falsely claims the venture was granted development consent in 2019 by NSW government as a "State Priority Project".

Litigation by angry creditors is ongoing, as residential lots and other interests in land continue to be sold without fulfilment of representations. 

Nightcap Update Newsletter 

In a Nightcap Update Newsletter on 19 August 2021, finance broker Derek Zillman said their little local shop is now selling pretty coloured things and the anonymous development team, not at all deterred by their fourth DA rejection, is ready for a fight! 

Zillman promises investors who have purchased residential lots and other interests in the property that the prospective developers intend to appeal the NRPP decision in the Land and Environment Court, in hope that this "world leading" land-share venture would not be lost. 

Derek Zillman, a major shareholder in NCV Enterprises, fails to mention that from 2016-2018, Tweed Shire Council fought the developers over their failure to respect development regulations. Council won in the Land and Environment Court, forcing investors, who had been encouraged by promotors to build unapproved residences on the property, to dismantle their dream homes.

Unauthorised dream homes removed by Court order in 2018

August 26, 2021

Nightcap Nightmare Editor’s Note

“Sorry Puppy,” commenting on an apology on 11 August to NSW Supreme Court, for posting information deemed by the Court to carry forbidden imputations in breach of protective injunctions, has been removed pending sentencing of Gi Linda, publisher by Nightcap Nightmare Blog, for contempt of Court.

Contumacious Contempt?

According to the claimants in the contempt matter, continued publication of anything related to Nightcap Village prospective land-share venture by Nightcap Nightmare Blog is in breach of injunctions, and so is criminally contumacious, carrying a severe penalty of incarceration: (Brennock v Norman [2021] NSWSC 716).

The editor, authors and publisher of this Blog  remain committed to suppressing information that could impute serious crime to the claimants.

July 15, 2021

Ray Hadley - Radio 2GB Nightcap Warnings

‘Steer clear’: Investors warned off commune promoted by Pete Evans

Investors are being warned to steer clear of a community development promoted by celebrity Pete Evans in NSW’s Byron Hinterlands.

The development, originally called Bhula Bhula, had already wasted millions of investment money when its property developer went bankrupt two years ago. But now that same developer is back, has repackaged the land and called it “Nightcap”, and has enlisted Pete Evans to spruik the investment.

A Current Affair reporter Steve Marshall told Ray Hadley people’s lives had already been ruined by the development: 

“Imagine you put money into a company to buy shares in a plot of land in Tweed Valley... Problem is, people have paid their life savings … into a company to get a share of this beautiful land, and what do you know? The company goes belly up – the money disappears. Then, a few years later, the very same land they’ve paid for, is now up for sale again, as part of a bigger communal living arrangement being marketed by a bankrupt developer.”

July 12, 2021

Contempt Hearing Listed

A hearing to determine severity of punishment for contempt of Court regarding publications about Nightcap Village land-share venture has been listed in NSW Supreme Court for August 11. (Brennock v Norman 2017/00081825).

Following judgement in his favour, Nightcap's Adrian Brennock is requesting punishment by imprisonment for breach of injunctions prohibiting publication of facts imputing fraud and deceptive marketing to him in Nightcap Nightmare Blog.

Read more:

Supreme Court Hearing: Nightcap Nightmare

Contumacious Contempt of Court

Marketing Hopium

Marketing Hopium
Gi Linda responds to malicious attacks by Nightcap Village promotors

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