A NSW Supreme Court judgement in the defamation matter Darwin v Norman, determined in 2020 that sale of Residential Lots without development approval in a Mt Burrell land-share venture, causing substantial loss and harm to investors, may be dismissed as "folly," not fraud.
After hearing evidence that nothing had been given in return for investment funds, Fagan J determined that disenfranchised investors who lost more than $2.5 million were just "dreamers".
In deference to this precedent-setting decision by Judge Fagan, any reference to any highly profitable "folly" involving sale of Residential Lots on contested property where land-sharing is not currently permitted, should NOT be construed by the reader, (despite possible cross-reference to imputations in external corroborating information) to infer that the Publisher, the Authors or Editor of Nightcap Nightmare Blog intend to imply that such marketing by company directors Adrian Brennock, (AB) and Phillip Dixon is deceptive, misleading or fraudulent.
Nightcap Nightmare Blog
Nightcap Nightmare Blog is published by "Free Radical," the screen name for a Consortium of Creditors who lost life-savings after investing in the Bhula-Bhula-Nightcap land-share venture. The Creditors' Group is represented by journalist/ documentary filmmaker Gi Linda, (Gillian Norman).
Nightcap Nightmare Blog began in 2020. Previous similar blogs and relevant search results were obliterated by Google Corp in response to demands by AB's lawyer, Billy Fitzgerald, Rose Litigation, following the defamation judgement Darwin v Norman, in which Fagan J imposed damages of $400,000 plus legal costs (about $1 million) on Gi Linda, and decreed injunctions prohibiting publication of claims that plaintiffs Brennock and Dixon are running a scam.
To the extent that Google Corp has not wiped relevant posts, Nightcap Nightmare Blog tells how, from 2014-2016, Adrian Brennock and others selling Residential Lots, raised over $2.5 million from more than 20 investors. Two properties were purchased with this finance.
Company directors then disenfranchised investors without restitution, leveraged the properties, expanded the concept, and renamed it "Nightcap Village" as they continued to sell Residential Lots without any development approval, on contested property where multiple occupancy land-sharing is not permissible.
Nightcap Nightmare Blog documents a quest for truth and justice, with ongoing litigation in NSW Supreme Court by creditors of the Bhula-Bhula scheme involving company directors and promotors who failed to fulfil marketing representations or provide restitution, and in the Court of Appeal with charges of professional negligence against Mullumbimby lawyer Wroth Wall, principal of Wall and Company Lawyers, who failed to protect investors' funds held in trust.
Adrian Brennock selling Residential Lots - Screenshots from Nightcap Realty promotional videos
Currently, emboldened under the precarious protection of a false narrative and a vicious SLAPP action against Gi Linda, Nightcap promotors continue the "folly" of spruiking ephemeral dreams.
Counter to reality, Nightcap Realty newsletter 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."
|Marketing by Nightcap on Minjungbal - Earth Haven|
Moving forward to greater flights of fancy, the Mt Burrell farmland that clamouring creditors paid for in 2015 is now valued at $37 million by PLANIT, Nightcap's concept designers.
Nightcap Realty is offering a total of 867 prospective "Residential Lots" starting at $295,000 each. Using various marketing names, Nightcap promotors are also selling fictional "Tribal Title" to the expensive "Residential Lots,” without warning of failure since 2014 of any development approval.
A Nightcap Village "Community" member recently told a meeting of concerned locals that 50 blocks have been sold. Certainly the alluring hopium is profitable!
Brennock and Dixon are currently prosecuting charges of Contumacious Contempt of Court in NSW Supreme Court against Gi Linda, for posting reports that Adrian Brennock continues to sell Residential Lots in the prospective Nightcap Village without development approval. Brennock and Dixon complain that publication of this fact implicates them both in deceptive, misleading marketing and fraudulent dealings.
These posts have been edited to harmonise with the Supreme Court judgement that the creditors' loss is a consequence of "folly not fraud". Therefore, this Blog should NOT be read to insinuate or infer deceptive, misleading marketing or fraudulent dealings by Adrian Brennock or Phillip Dixon.
It should be understood by readers that discussion in Nightcap Nightmare Blog of marketing from 2014-2021 by Adrian Brennock involving unfulfilled promises of "Residential Lots," is intended to state factually that the Creditor's Group believes this court-endorsed professional "incompetence" has caused substantial loss and harm to many investors over the last seven years, while the ongoing "folly" appears to be highly profitable for some shareholders.
While respecting Court Orders, we claim the right to disagree with the legal precedent Fagan J has set, enabling such peddlers of hopium, who leave the debris of shattered lives and depleted bank accounts in their wake, to have their profitability protected from the light of truth by suppression of free speech that could highlight any future "folly" or ongoing "incompetence," if they should continue their money-spinning "unconventional" business.
For a summary of how Bhula-Bhula morphed into "Nightcap Community" see:
For Nightcap marketing representations see:
For Nightcap's alleged Phoenix activity see: