July 03, 2020

Land-Share Under Colour of Law



At first, a Mt Burrell land-share venture was advertised as an "ethical investment opportunity" offering co-ownership of land to those providing purchase money for two properties to be used as an intentional community called Bhula Bhula Village Community and Mt Burrell Commercial.

From 2014-16 the venture was given credibility by attachment of Mullumbimby lawyer Wrothwell Wall as "Community Lawyer," into whose trust account "ethical investors" poured over $2 million in good faith. 

After details of financial scandal were revealed in the media and courts, the venture was expanded and renamed Mt Warning Eco Village, offering shares swappable for dwelling sites, and development approval "coming soon".

With ongoing court battles and blogwars, the name was changed again to Nightcap Village, Nightcap on Minjungbal, and currently in 2020 is also marketed as "Earth-Haven Sustainable Communities"a Sovereignty land-share scheme.



Dwelling-sites on sale without development approval

Prospective "ethical investors" were wrongly assured that land share occupancy was allowed on the property with development approval in process, the false representations triggering litigation by Tweed Council in the Land and Environment Court. During 2015-2017, investors were denied promised co-ownership, and evicted from the property without restitution of funds.

The contested land was mortgaged in 2017 by Mr X, who requested receivership of the property by Vincents' liquidator, Steven Staatz, in an alleged  phoenix move intended to transfer legal ownership of the property to Nightcap Village, while divesting liability to "ethical investors".

The lure, Bhula Bhula Village Community, 2015

In 2015, Wroth Wall facilitated purchase of the first property at 3222 Kyogle Rd, Mt Burrell, through the company Wollumbin Horizons Pty Ltd, using funds deposited in his trust account by  the "ethical investors".

Under colour of law, Mr X then appointed himself sole company director and established his legal ownership and personal control of the property with a single $1 shareholding.

Proposed dwelling sites, Bhula Bhula Village Community, 2015-2017

Again using investors' funds, an adjoining property at 3220 Kyogle Rd, including the iconic Sphinx Rock Cafe, servo, shops and caravan park, was also purchased through a private company. 

Angry, disenfranchised "ethical investors" were threatened, harassed, stalked and slandered when they attempted litigation to recover their losses.

In 2016 the land-share venture was expanded. Shareholder agreements joined the 640 acre Bhula Bhula property and the commercial precinct with the 3,000 acre estate owned by neighbour Peter van Lieshout in a larger venture renamed Mt Warning Eco Village. 

Exposed in local newspapers, blogs and social media by those who lost their life savings, defamation claims in NSW Supreme Court twice failed to win urgent injunctions for court orders to gag the publication of information that may alarm potential new "ethical investors"

The first injunction requesting a restraining order was withdrawn. The second injunction, joined by the company Nightcap Village Pty Ltd, complained of injurious falsehood published in blogs, but the requested gag was refused by Justice Lucy McCallum on grounds that the company was inchoate.

In the Court of Equity a claim to recover the properties was initiated. Charges of professional negligence have also been brought against Mullumbimby lawyer, Wroth Wall. 

Despite ongoing litigation by "ethical investors" who lost life-savings in the venture from 2015-17, sovereignty activists represented by Richard Moate at Nightcap Realty continue to sell "dwelling-sites" through a fledgling agency Nightcap Realty, with promises to newbies that restitution of the losses of previous "ethical investors," like the promised development approval, is "coming soon".

Brisbane Courier Mail, 2017

Harmony Shattered


The vision grows as newly fleeced asleeple with eyes wide shut stumble into the rabbit-hole, and discover why the Cheshire Cat is grinning!

From its inception in 2014-15, the land-share development was a life-style dream that became a living nightmare, as investors saw hopes and resources brutally ripped away. Broken relationships, trauma and heartbreak were all that was left for most after the nascent development was hijacked by a hidden agenda.

The original vision for an intentional community as a land-share venture was birthed in 2014 by Andrew Cody, who found the land and joined with Mark Darwin to raise finance to buy two properties at 3220-3222 Kyogle Rd, Mt Burrell, NSW. 

vision.jpg
Baiting with "alternative lifestyle" lures
What some investors didn’t know, was that unseen behind the curtain were other “sovereignty activists,” who had a hidden plan that only became fully evident after Mark Darwin disassociated from the Inner Circle.

The land-share venture was at first called Bhula Bhula Village Community. Investors who raised concerns about the failure of Mr X to transfer land title to control of investors, lack of accountability and apparent money laundering, were marginalised, demonised and driven off the properties they had paid for, without restitution of funds. 

Neighbours and local communities observed with growing concern as the conflict escalated until the sovereignty activists had forced all the investors off the land, occupying the property and seizing land title for themselves.

Then began a long quest for justice with blog-wars shaping public opinion and painful, costly court appearances, but
 it was the extreme malice, vicious threats, harassment and bullying that shocked the disenfranchised investors most.

It is evident that five years after a starry-eyed start to the imagined “Village Community,” the sovereignty activists are positioned to execute a phoenix move on June 19, to transfer control of the land asset to one of the companies in their network, and so divest liability to unwanted creditors. 


The marketing is new, but a cat’s meow is as old as the hills.


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