Phoenix Rising

"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."    

The Phoenix by Roman poet Claudian, 4 AD

Phoenixing of property from Wollumbin Horizons to NCV Enterprises enables the promotors of the Nightcap land-share scheme to continue the same business of selling pre-DA dwelling sites, while divesting liability to creditors from 2014-2021.

Vincents Notice of failure to complete property settlement

Mark McMurtrie, Adrian Brennock "We bought it back ourselves"

Wollumbin Horizons Receivership Update: 

Letter to Creditors from Vincents Liquidator, Steven Staatz

Co-director of the Nightcap venture, Derek Zillman, the purchaser of the company's property asset at 3222 Kyogle Rd failed to complete settlement on the contract of purchase for a second time. The settlement date is extended to November 18. 

Nightcap on Minjungbal - Phoenixing in Action

Nightcap Village Tribal Experience

If you’re tired of being trapped in the matrix, ready for a life-change and imagine happy families sharing, caring and growing veggies in harmonious community surrounded by spectacular vistas, if you are all cashed up and a bit credulous, then there are sacred natives spinning a dream and open arms eager to embrace your life savings in a land-share scheme at Mt Burrell, NSW, where Australian sovereignty activists are selling tribal title to dwelling sites on properties they don't own, in a prospective venture called Nightcap Rural Land-sharing Communities. 

3222 Kyogle Rd, Mt Burrell - gifted to Aboriginal tribe

Co-directors Mark McMurtrie and Derek Zillman

Mark McMurtrie    

Aspiring developers first began soliciting funds to purchase land in 2014, for an intentional community called "Bhula Bhula Village Community". Since 2017, Mark McMurtrie, aka "Gunham Badi Jakamara" has occupied the properties at 3220-3222 Kyogle Rd, Mt Burrell, that were purchased with investors' funds in 2015.

Currently controlling the venture, Sydney-based finance broker Derek Zillman and sovereignty activist Mark McMurtrie are co-directors of the company Yidaki Developments Pty Ltd. The sole shareholder in Yidaki Developments is Yidaki Capital Pty Ltd.

Mark McMurtrie has "gifted" the properties to some members of the coastal Minjungbal Tribe. McMurtrie claims "tribal ownership" of the properties and says he intends to extend similar aboriginal land claims across Australia. 

Co-director Derek Zillman 

In Nightcap's promotional video, co-director Derek Zillman says "everything is ironclad" under a "rural land-sharing scheme": 

"The entire community owns everything and we will have a primary coupling, which is the enterprise Yidaki Pty Ltd that will own all of those landholding entities - and they are the ones progressing the approval. And then people buy shares within that company."

Zillman's explanation is a confusing communitarian sleight of hand -- he says that the "community" owns the landholding entities, which will be owned by the company owned by himself and Mark McMurtrie. Zillman doesn't clarify that the prospective developers don't actually own the 3,500 acres and other assets on offer. Neither does Zillman warn that under current zoning restrictions, community land-sharing is not a permissible use of the property. 

Nightcap Village: the Phoenix in Flight

The phoenixing of companies for private profit is inspired by the fabulous phoenix bird. According to legend, when this bird's life draws to a close she builds a funeral pyre, commits to the flames and dies on the fiery altar. Out of self-immolation a new phoenix emerges like an eagle with feathers of red and gold.

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

In a 2018 case before Qld Federal Court - Staatz v Berry - two defendants, aggrieved creditors whose evidence was suppressed, alleged that phoenixing of the company Wollumbin Horizons Pty Ltd was facilitated by Vincents' liquidator Steven Staatz to divest liability to creditors. 

Fourteen creditors requesting joinder as proposed cross-claimants in the Federal Court case, were not allowed to proceed by Judge Derrington. The creditors' cross-claim was suppressed when they warned of phoenixing in process, with land title expected to fly from the liquidated company to a related company continuing the same business of selling dwelling sites on rural properties without development consent.

The company in liquidation owns property that is advertised as part of a proposed land-share development. With marketing by Richard Moate as "Nightcap Realty", the venture is run by sovereignty activists who have "gifted" the land to a "sacred" aboriginal tribe. Aborigines have occupied the property since 2017 and now claim tribal ownership.

In September 2020, a notice from receiver Steven Staatz informed creditors and interested persons who are waiting with hands outstretched to receive a crumb from sale of the property, that the purchaser was unable to complete the sale. An additional deposit of $100,000 was paid and the purchaser is allowed until October 19 to seal the deal. 

3222 Kyogle Rd, Mt Burrell

Development Application for Nightcap Village Refused

Tweed Shire Council voted on September 17, 2020, to reject a request for permission to upgrade road access to a proposed land-share development of 867 dwellings on three properties at Mt Burrell, NSW. It was resolved not to grant consent for any works within the Council owned road reserve. 

Council also resolved that no further application by Nightcap Rural Land-sharing Communities for development approval would be permitted.

Each dot on the concept plan represents a proposed residence. The developers have been marketing the venture under various names since 2014. The prospective land-share venture is currently advertised as "Nightcap on Minjungbal" and "Nightcap Village" or "Nightcap Rural Land-sharing Communities". 

The request by Nightcap Rural Land-sharing Communities was only for Stage 1 of the prospective development, to upgrade access from Kyogle Road to nine proposed "Rural Land Sharing Communities" with 393 proposed dwellings. Two more access roads were planned, with further associated road works, earthworks and vegetation removal over 11 stages.

Tweed Council's discussion of the request was confidential and video and phone links to the meeting were cut off. Minutes of the vote remain confidential and the outcome has not yet been made public.

 Click HERE to read Tweed Shire Council Report

Potential investors are offered title to "Pre-DA Dwelling Sites" under false assurance that limited development approval has already been granted and will soon be extended.

In a June 2020 Nightcap newsletter  Richard Moate wrote:

"Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1million dollars was spent on the DA submission of last month, taking the project to over 850 spots."

Concept Plan for Nightcap Village

 

Living in a Nightmare

Local legend says that after a brutal massacre by whitefella, Aborigines sang curses into land where Peter van Lieshout, brother of A-Mart billionaire John van Lieshout, has been trying unsuccessfully to build a "Village Community" for the last thirteen years.

Now linked in the proposed "Nightcap Village" development is a neighbouring property where more than twenty trusting investors provided over $2 million for purchase of properties in 2014-16, without receiving consideration or restitution. For those who lost life-savings in the venture, the hurt and harm is curse enough to add flame to legend.

Mingungbal elders occupy 3222 Kyogle Rd, Mt Burrell

Marketing materials for Nightcap Village promote a "new paradigm" that returns "sacred land" to "sacred" aborigines, who are occupying the Mt Burrell properties and claim to be "true owners".

Sharing a local brew as they dream about a safe haven from the madness of the matrix, prospective new investors are welcomed by Minjungbal elders and offered share certificates with "tribal title" to a block of land, for just a small deposit of $100,000. "Vendor finance" for the next seven years is available.

"Tribal title" on sale

Prospective investors are given a tour and enjoy scenic vistas as they are encouraged to imagine their dreams come true in a secret sacred Eden.

Promotors of the communitarian venture don't mention ongoing litigation by creditors claiming land title is void.

Hopeful, enthusiastic new buyers hear nothing about the nightmares and hidden curses afflicting earlier investors: the suppressed stories of bank accounts drained empty, hopes turned to ashes and dreams that became dust after the bait was bitten. 

Mark McMurtrie, Richard Moate market tribal title

In response to concerns that the original investors got shafted, potential new funders are assured that angry creditors have been "taken care of": their money was returned, or they will get a payment soon, or they don't want their life savings back, or they are just barking mad and like to fight.

A few of the early investors who are "accepted" have been invited to return in 2020, to occupy a "dwelling site". Others still trust promises of restitution, hoping to receive a patch of land to live on, or a payout in compensation for their loss. Concerned investors who from the outset insisted on accountability were "rejected" and evicted from the properties they had paid for.

 

Max Igan promotes Nightcap

Trauma and conflict still haunt investors who poured their hearts and funds into the land-share venture and lost everything. Most have given up hope of any restitution. Those seeking vindication through legal process have been threatened with retaliation for "holding up the project".

"Living in a Nightmare" was the apt title of a news report in the local Tweed Coast News in 2017, featuring Sarah and Tamati Kirkwood who promoted the venture in 2014-15. They are just one of the families who invested life savings in this venture and received nothing in exchange except betrayal, loss and intimidation.

Tweed Daily News: "Living in a Nightmare"

Nightcap on Minjungbal marketing "Sacred Land"

Nightcap Village is offering a special deal on "Sacred". Dwelling sites on Mt Burrell properties are marketed with a new website by "sacred people" offering "sacred solutions for these sacred times" on "sacred land".

For those who were lured into the incipient venture from 2014-2017, this supposed sacred land has certainly left many people running scared. 

A promotional video published online by Nightcap Realty is selling a lifestyle dream with a social justice vision and a reverential greeting, "Welcome to Country!"

Sacred Aborigines from the Minjungbal tribe now occupy property at 3222 Kyogle Rd, Mt Burrell.

Even before receiving development approval, Nightcap Realty is selling a total of 867 dwelling sites in the prospective Village Community, also called "Nightcap on Minjungbal," in collaboration with the aboriginal Minjungbal tribe. 

No DA application for Nightcap on Minjungbal has yet been accepted by Tweed Shire Council Nightcap Village as compliant, yet Nightcap marketing information states: 

"Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1 million dollars was spent on the DA submission of last month, taking the project to over 850 spots."

Blocks are offered at $295,000 each with "Tribal Title" and special discounts. Each dot on the concept plan represents a proposed residence.

Nightcap Village Concept Plan, 2019

Nightcap Realty Promotional Video

In June 2020, Nightcap Realty distributed a video presented by Mark McMurtrie (Gunham Badi) and marketing manager Richard Moate. They have been adopted into a Minjungbal Tribe that claims an original inheritance of land from early inhabitants of the Tweed Valley.

"It's available to everyone within price point."

The promotional video says the Minjungbal Tribe are happy with the land-share scheme, and want the 3,500 acre venture to be a staging point for expansion in the rest of the country. They propose that the tribal venture should be recognised as an Aboriginal Sovereign Nation and extended across Australia.

Nightcap Realty Promotional Video, June 2020

"Part of living here is.. you buy in, you buy a block"

Tribal Title on Sale

Promotors elevate the potentially lucrative venture to presumed higher virtues: communitarian wealth-sharing, and the proposed return of "Country" to Aborigines, based on a belief that they should be recognised as the "true owners" of all Australian territory. 

Mark McMurtrie claims tribal ownership of Mt Burrell properties

The supposed indigenous autonomous zone appears similar in concept to the 6-block land-grab called Chapel Hill Autonomous Zone, "CHAZ" that morphed into "CHOP" before it was removed in July 2020 from downtown Seattle, USA.

In the Nightcap Realty promotional video, it is proposed that "within price point" investors of any nationality could buy into the Sovereign Minjungbal Nation, become "Community Members" and receive dual citizenship.

Nightcap Village Community Rules establishing enforceable private laws, and guidelines providing protocols for submissive deference to Aborigines are included in the marketing package.

A sacred Minjungbal Elder is introduced to new investors by Richard Moate

No compliant development application has been submitted to Tweed Shire Council since the venture began in 2014, even so, a Nightcap Village Newsletter published in June 2020 by Richard Moate, assures investors that approval already exists:

"As we approach the end of another financial year and are witnessing the unprecedented changes to our world, the Nightcap Village on Minjungbal continues to buck the trend with its ground-breaking collaboration with the Elders of this sacred space. 

Enormous gratitude and thanks to Gunham Badi Jakamarra of the Original Sovereign Tribal Federation and the Minjungbal Elders particularly Uncle Arty and Uncles Dean, Mark, Scotty & Jonno (amongst others) for sharing so much knowledge and wisdom throughout the journey. For the development team to be working alongside such learned individuals in ensuring that the land, the law, the sacred sites and the true owners are honoured and respected, is truly a privilege.

Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1million dollars was spent on the DA submission of last month, taking the project to over 850 spots.

The team are now also extremely proud to announce the successful purchase on Friday of last week of a parcel of land of over 650 acres, further strengthening the future points of access for the Original owners and the community. Needless to say, there was some celebrating to be had both on Country and by members of our community around the world.

We have some exciting works in the pipeline, including not only one documentary already in production, but also the (long awaited) virtual tour of the land and our new and improved website.

We’ve attached a few images taken over the weekend for those of you yet to see the land. If you like our vision and haven’t already, please complete and return your questionnaire to rich@nightcaprealty.com so we can get to know each other. We hope to meet many more of you on Country next time."

"The Minjungbal people are happy..."

Pete Evans Sells Off-Matrix Nightcap Experience

Pete Evans is hooked.

Celebrity chef Pete Evans 

says he's "Fkn IN!" 

He 

is keen to put up his hand to market his off-matrix tribal experience: "Paleo Pete has joined an off-grid bush "tribe" living in an idyllic new development about an hour from the famous tourist mecca, Byron Bay..." according to news reports.

Sounds like a dream come true, but not far beneath the veil lurks a simmering anger and stories of discontented creditors whose ongoing nightmares are hard to suppress. 

Pete Evans announced on Instagram details of his new life with the off-matrix "Byron Tribal Community". He didn't mention any of the families who lost life savings following the same dream during the last five years, or the ongoing litigation by investors who lost everything when marketing representations were not fulfilled. 

He doesn't seem to notice that no compliant development application has been made to Tweed Council since the venture began in 2014.

Having signed a contract with the inner circle to become a "Nightcap on Minjungbal Community Member" the popular chef is now inviting his social media followers to dream of a new lifestyle. 

Any cashed-up young families looking for a life-change?

Pete Evans' New Life

The Courier Mail, Aug 31, 202 

Celebrity Chef Pete Evans has announced his new life in the off-matrix "Byron Tribal Community" that he has bought into.  

He doesn't mention the families who lost life savings following the same dream.

He doesn't seem to notice that no compliant development application has been made to Tweed Council since the venture began in 2014.

He doesn't mention the ongoing litigation by investors who lost everything when marketing representations were not fulfilled.

 

Read more about Pete Evans' Tribal Community deal:

Celebrity Chef Pete Evans Cooking Up A Storm at Nightcap on Minjungbal

Legal Injustice

By Gi Linda -
  
SLAPPs -- Strategic Lawsuits Against Public Participation

It is my observation that defamation claims made against the Nimbin GoodTimes and myself in 2017, and still continuing in 2020 with contempt charges against me, are an abuse of legal process known as a “SLAPP”. 

In 1984, George W. Pring and Penelope Canan studied "SLAPPs", “Strategic Lawsuits Against Public Participation” at the University of Denver. They found that SLAPPs undermine the right to free speech by setting up an unfair Goliath v David battle between private and public interests, in which an overwhelming threat of litigation is used maliciously to silence critics and prevent free speech on issues of public concern.

Political activists and environmental defenders, civic and social organizations and public interest groups are often “slapped” with malice to prevent them exposing vested economic interests that trample pubic concerns. 

In SLAPP suits, where legitimate dissent obstructs a litigant’s lust for profit, plaintiffs improperly use the courts to bulldoze private interests over public concerns by intimidation.

Fear alone is usually enough to force acquiescence to the litigant’s agenda of injustice. In most cases power and profit defeat truth and justice, without ever going to trial. 

One Judge has described SLAPPs as: “suits without substantial merit, brought by private interests to stop citizens exercising political rights or punish them for having done so.” 

I was targeted in 2017 with costly, traumatising litigation threatening damages and costs of millions, as the plaintiffs flaunted their presumption that the courts would favour the more profitable. This abuse of legal process was clearly intended to intimidate and also to discourage similar attempts by others to expose an alleged land-share fraud. 

The defamation claim was brought against me for publishing details of loss of my inheritance in the plaintiffs' land-share venture. It was heard in NSW Supreme Court for six days in August - October 2019.

After reserving judgement for six months, in April 2020, Judge Fagan ruled against me, deciding that the plaintiffs' failure to fulfil marketing representations was a consequence of incompetence, not fraud, as I had alleged.

I was ordered to pay $400,000 damages plus legal costs, about $1 million. 

Permanent injunctions followed to protect the plaintiffs from repetition of defamatory imputations of dishonourable conduct.

When I continued to publish information about the expansion of the land-share scheme and my ongoing quest for justice, the plaintiffs brought another SLAPP action against me with charges of contempt of court.

They request that the alleged contempt is deemed contumacious - which makes it a criminal offence, punishable by imprisonment.

In response to the claim, I have initiated an application to move the controversy to the High Court because of constitutional matters involved in the suppression of discussion about issues of public concern, including the current sale of "tribal title" to properties that were paid for by myself and others, with no consideration in return.

Even stone-slinging shepherds and disenfranchised investors have a natural right to justice and the ability to bite-back with truth. 

The power of Goliath in this case was the plaintiffs' assumed right to profit from sale of home-sites located on land where multiple occupancy dwelling is not a permitted use of the land, and their assumed right to use the power of the courts to intimidate investors who were disenfranchised without restitution.

The SLAPPs study shows that those filing malicious defamation claims presumed the courts would favour the private economic interests of the prosperous over the public concerns of the impecunious: 

"The idea is that because a business has money at stake, business should receive priority over civic, communal opposition.” 

Research by the Political Litigation Project at the University of Denver reveals how SLAPPs are used as an effective bludgeon to traumatize and silence opponents by causing an intimidating fear of crippling costs, damages and loss of reputation.

The best known SLAPP was the "mad-cow case" when television talk-show host Oprah Winfrey was accused of violating "veggie-libel laws" that give foods legal rights against defamation. 

Following an April 1996 Oprah show discussing the dangers of mad cow disease, cattle ranchers blamed Oprah for sending the beef market into a spin.

The US National Cattlemen's Beef Association charged Oprah Winfrey, her production company and her guest, a Humane Society official, with defaming beef, claiming more than $12 million in damages.

Oprah won the suit  saying, "Free speech is not only alive, it rocks...I refuse to be muzzled!"

"I refuse to be muzzled!"

Free Speech - Denied!

In response to a request by lawyer Billy Fitzgerald, Rose Litigation, who represents the sovereignty activists featured in the book "Nightmare on Minjugbal," Google Corp has summarily removed most of the posts on this blog.

The posts have been censored because they supposedly violate injunctions imposed by NSW Supreme Court on the co-author and editor, Gi Linda, who is prohibited from imputing fraud to Billy Fitzgerald's clients.

The injunctions are based on Judge Fagan's 2019 decision that although more than 20 investors lost life savings when they paid purchase money for land in 2014-16, but received nothing in return, this cannot be described as a "scam" because the failure to fulfil marketing representations is mere incompetence, and does not involve deception or fraud by Mr Fitzgerald's clients.

The demand that nothing further may be said on the matter assists Mr Fitzgerald's clients to induct new investors into the project, by denying the trail of broken dreams and shattered lives, and the trials in Kangaroo courts where false narratives perpetuate injustice and impecunious victims have no recourse to vindication. 

Since the Supreme Court judgement, Mr Fitzgerald's clients have expanded the venture and renamed it "Nightcap on Minjungbal". They are now selling 867 dwelling sites without development approval, and offering new investors "tribal title" to "pre-DA" blocks on the contested property, starting at $295,000 each.

The legal gag on freedom of political discussion about this matter of public interest is contested by Gi Linda in a Notice of a Constitutional Matter requesting transfer of ongoing litigation to the High Court. 

Posts informing more details have been suppressed by Google Corp at Billy Fitzgerald's request.

Nightmare on Minjungbal

Nightmare on Minjungbal mirrors Nightcap Nightmare Blog, revealing the truth about an Australian land-share community. The "off-matrix experience" is run by sovereignty activists selling "Tribal Title" to dwelling sites without development approval.

The prospective land-share project began in 2014, under the auspices of Truthology and Freedom Summits as an intentional community called "Bhula Bhula Village Community" now renamed "Nightcap Village" and marketed as "Nightcap on Minjungbal". 

Bhula Bhula, 2015

Between 2015-17, more than twenty families who provided purchase money for land lost their life savings, totalling over $2 million, when sovereignty activists linked with the aboriginal Minjungbal tribe seized control of the land-share venture, with significant impact also on local residents.

The book, Nightcap Nightmare, tells how the sovereignty activists forced investors off the properties they had purchased, then made shareholder deals with neighbouring landowner Peter van Lieshout, brother of billionaire developer John van Lieshout, before revealing intent to extend Aboriginal Sovereignty claims across the nation

Dancing on a Tilted Stage

By Gi Linda -

It is my experience that false narratives established errors of fact before Qld Federal Court and NSW Supreme Court of Defamation in 2019, resulting in misapplication of law and imposition of gag orders. 

Presumption that the courts have fully decided the matter and nothing further may be said is not only an egregious attempt to suppress truth, but is also

 an abuse of legal process that denies justice. 

This interferes with the true exercise of justice and advances dominant commercial interests under colour of law by constraining legitimate freedom of discussion on matters of public concern.

If dominant political and financial interests are also allowed to profit with impunity by summary imposition of draconian censorship by Google Corp based on misapplication of law, the abuse of due process could effectively subvert Constitutional protections over the rights of citizens to public discourse.