December 20, 2021
September 17, 2021
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 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 Adrian Brennock and Phillip Dixon, kingpins in Nightcap Village, a prospective land-share venture at Mt Burrell, NSW.
On 18 June 2021, I was found guilty of contempt by Justice Sackar for breaching injunctive orders on six of fifteen counts, (Brennock and Dixon v Norman  NSWSC 716).
The claimants, represented by Rose Litigation, brought the contempt charges as a continuation of a defamation claim for $4 million that was prosecuted against me from 2017-2020 by Mark Darwin and others, after I published allegations that their land-share “investment opportunity” was a scam.
Thanks to a referral by Sackar J to the Bar Association, I was represented in the contempt hearings by barrister Kieran Smark SC, who also represented me in 2017 during the defamation hearings, when he defeated a related demand by the plaintiffs for an interlocutory injunction imposing a total blog gag. I remember that the plaintiffs did not pay costs that were awarded in my favour by Justice McCallum.
"Dancing on a Tilted Stage"
As a British journalist and documentary filmmaker, I was professionally trained to know, when reporting allegations of misconduct, that defamation, including libel and slander, must be false to incur liability for damaging a good reputation.
But I discovered as a resident in the land of Oz, that this country wields the most draconian defamation laws in the word, where truth can be defamatory just because it causes financial loss.
I also noticed that truth cannot easily be justified to an acceptable legal standard when confronting toe-to-toe dishonourable claimants with perjured narratives and lying lawyers before a judge who may be predisposed against a crusading truthteller without an expensive legal team.
During the defamation hearing in 2019, I presented evidence to the Court substantiating my reports that more than twenty investors lost their funds after co-financing purchase of property for the “Bhula Bhula Village Community” in 2015, with subsequent total lack of consideration and refusal of restitution. This evidence was ignored.
After three years of litigation, numerous interlocutory hearings and a seven-day excruciating trial in Sydney's Supreme Court, the defamation claim against me was won in 2020 by the plaintiffs with a judgement that their profitable folly did not rise to the level of fraud. (Darwin v Norman  NSWSC 357)
I was ordered to pay $400,000 damages plus the plaintiffs' legal costs, which, they said, amounted to more than $1 million.
Injunctions were then summarily imposed, including prohibition on any publication that may implicate the plaintiffs in crimes involving deceptive marketing, fraud and bullying.
On the basis of these orders, Rose Litigation made a complaint causing Google Corp to remove multiple search results and several blogs that the group of creditors had published about the venture from 2016-2020.
In response, Nightcap Nightmare Blog was brought online, narrating facts in the context of the defamation judgement. Creditors also hoped the blog would help mitigate ad hominen attacks against them.
Brennock and Dixon, the two claimants in the contempt matter, attempting to prevent my continued publication of anything related to the land-share venture, argued that because it could be inferred from facts published in the blog that they deceive and defraud people, my offence is contumacious, carrying a severe criminally penalty of incarceration with no clemency allowed.
Precedents show that in some contempt cases, those without sufficient resources to pay a fine can remedy a civil contempt by an authentic apology, rather than suffering the punishment of imprisonment. In this matter it was noted by the Judge during the 11 August hearing, that although I had edited or removed the offending posts, I had made no apology, so a severe precedent was needed to vindicate the authority of the Court.
Under current statue law, punishment relating to civil charges of contempt may not take into account mitigating considerations that normally apply to the punishment of crime. This impacts me as a lack of procedural fairness in a case where I believe the claimants are abusing legal process with perjured affidavits, tampered evidence and lying lawyers to further their venture under colour of law.
It concerns me that although a conviction for contumacious contempt of court is a conviction for an offence which imposes a criminal record, judgement is measured by the standard of a supposed reasonable reader, that is a legal fiction entirely divorced from the actual facts of reality.
September 16, 2021
September 06, 2021
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Nightcap Development Application Refused... Again!
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Nightcap Update Newsletter
|Unauthorised dream homes removed by Court order in 2018|
August 26, 2021
“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.
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  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
July 12, 2021
Supreme Court Hearing: Nightcap Nightmare
Contumacious Contempt of Court
July 01, 2021
"The controversial Nightcap Village is “prohibited” by Tweed Shire Council’s standards, according to a report to be tabled this week. It is expected the development application will be referred back to the Northern Regional Planning Panel for determination due its complexity, as recommended by council officers.The application is for a Rural Land Sharing Community and associated works over 21 lots which are to be subdivided into 11 lots, on an area of 1584.34 hectares which seeks approval for 392 dwelling plots over 10 lots to create 10 interconnected Rural Land Sharing Communities on Kyogle Road, Mount Burrell.The council staff recommendation is for the development application to be referred for determination based on this assessment report to the Northern Regional Planning Panel. If the panel decides it is not the determining authority, then the council’s general manager is delegated authority to determine the development application."
|Nightcap's Pete Evans boasts 7 million followers|
June 23, 2021
A Gold Coast real estate agent fell under the control of a multimillion dollar drug syndicate
The Courier Mail reports that Nightcap Village associate Eamon Lowe "pleaded guilty in Southport District Court on Tuesday to attempting to pervert the course of justice".
Judge Kefford sentenced Lowe to 18 months imprisonment with parole for presenting falsified documents to the court.
In July 2020, the 45-year-old Eamon Lowe had been charged in Southport Court with money laundering as part of a criminal syndicate operating an alleged cryptocurrency scam that had duped investors of over $3 million.
Police alleged that the criminal syndicate posed as multiple cryptocurrency sales companies which appeared to be legitimate, including Exmount Holdings Group, the Quid Pro Quo Foundation, the Atlas Group, AFG Associates Pty Ltd, Tradex123, Exmounttrading, Atlasfxgroup and Amazonaus.
The companies offered victims a trial investment, promising generous returns if they invested more, but when investors tried to withdraw their funds, the money wasn't there.
Police said the alleged crypto scam was just the tip of a criminal iceberg.
Eamon Lowe and Nightcap Village
Eamon Lowe has collaborated with Nightcap Development Team since 2016. He is a real estate agent and executive consultant with Christy's Prestige that, together with Ray White Real Estate, allegedly phoenixed property at 3222 Kyogle Rd as part of a proposed Nightcap Village development.
June 06, 2021
In reading Nightcap Nightmare Blog, please be aware it is not intended to be imputed that claimants in contempt charges against the publisher are engaged in a scam.
Nightcap Nightmare Blog is published by Free Radical, a Group of Creditors represented by Gi Linda (Gillian Norman).
May 16, 2021
Nightcap Nightmare Blog, Editor's Comment:
Valuation of the property advertised as "Nightcap Village" determines whether the development application is decided by the Regional Planning Panel, or whether the DA will be determined by normal procedures by Tweed Shire Council, which has previously rejected the DA application and ruled that no further DA applications may be made by Nightcap developers. The pending application was slipped in under the radar during Christmas break.
Comment on the Daily Telegraph news report by local resident Jenny Leunig:
"Yee haaaa! Fabulous news!!!"
"A proposed development for multiple rural land sharing communities in Mount Burrell and Kunghur area will no longer be decided by the State, after it was found to be overvalued and containing unnecessary components.
The planned development, known as Nightcap Village and spruiked by controversial celebrity chef Pete Evans, is for an “intentional community” which would cater for almost 400 dwellings.
Tweed Shire Council voted on September 17, 2020, to reject a request for permission to upgrade road access to a proposed land-share devel...
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