April 19, 2021

Hippyland on a Commercial Scale

Environmental Defender Scott Sledge heads local opposition to Nightcap "Hippyland"
Sydney Morning Herald describes local contention over a proposed land-share venture at Mt Burrell as "Hippyland on a commercial scale: Byron battle over suburb-sized commune”.

https://www.smh.com.au/national/nsw/hippyland-on-a-commercial-scale-byron-battle-over-suburb-sized-commune-20210416-p57jv0.html

In a linked 2020 article by Sydney Morning Heraldthe same venture is pinned to the town of Nimbin and disparaged as a "hippy commune" with sloppy, misleading reporting about the outcome of a defamation trial regarding Blogs published by Free Radical: Darwin v Norman.

The defamation charges were brought by Adrian Brennock (AB) and Phillip Dixon against journalist Gillian Norman (Gi Linda) representative of creditors who in 2016 published claims that Brennock's "development team" defrauded them in a land-share scam. 

Judge Fagan determined that "folly not fraud" caused the "debacle".

An entirely unrelated picture of Nimbin's Hemp Embassy is used by Sydney Morning Herald to falsely depict the supposed "Blogger" as a dreadlocked male "hippy" and the Mt Burrell land-share development as a "hippy commune".

To anyone well informed about the Bhula-Bhula-Nightcap scheme, both these Sydney Morning Herald articles are sad examples of badly researched yellow journalism, using the alluring "hippylandpejorative to distract from many significant omissions and errors of fact.

RELATED ARTICLE

April 17, 2021

Contumacious Contempt of Court


A claim of "contumacious contempt of court" has been brought in NSW Supreme Court related to Nightcap Nightmare Blog, for revealing the "folly" of a prospective land-share scheme involving Adrian Brennock and Phillip Dixon.  


A SLAPP action by Brennock and Dixon against Gillian Norman (Gi Linda) has been ongoing since 2017. "SLAPP" is an acronym for a "Strategic Lawsuit Against Public Participation," intended to inflict sufficient harm by abuse of legal process to obstruct opponents of a dominant commercial interest.


A 2020 NSW Supreme Court judgement by Fagan J against Gillian Norman  in the defamation matter Darwin v Norman, determined that sale of Residential Lots by Mark Darwin, Adrian Brennock (aka Andrew Brennon, AB), Richard Moate and Phillip Dixon, with failure of consideration causing substantial loss and harm to investors, may be dismissed as "folly" not fraud


Fagan J's orders also include a permanent prohibition on publication of certain opinions about the Bhula-Bhula-Nightcap venture, including claims that Brennock and Dixon deceive and defraud investors who consequently loose their life savings.


Extract from Orders:

"2017/00081825-001 Statement of Claim: Mark James Darwin v Gillian Linda Norman 

Order Final judgment/order / Orders > made on 06 May 20 for proceeding 2017/00081825-001

2. The Defendant is permanently restrained from publishing or republishing, or causing to be published or republished, any matter which conveys the following imputations, or any imputations which are not substantially different than the following imputations:

  1. (a)  Adrian Brennock defrauded investors in the Bhula Bhula and Nightcap Village communities.

  2. (b)  Phillip Dixon defrauded investors in the Bhula Bhula and Nightcap Village communities.

  3. (c)  Adrian Brennock engaged in misleading or deceptive marketing of residential lots in the Bhula Bhula and Nightcap Village communities.

  4. (d)  Phillip Dixon engaged in misleading or deceptive marketing of residential lots in the Bhula Bhula and Nightcap Village communities."

Read Full Injunctions here


Nightcap promotors team celebrate their first crypto sale
 

Brennock and Dixon accuse Gi Linda of causing them financial lossThey claim it would be a breach of Court Orders if readers could infer from Nightcap Nightmare Blog that, from 2014 until 2021, investors have been deceived and misled by Brennock and Dixon in a fraudulent land-share venture involving sale of Residential Lots without development consent.


The contempt charge, Darwin v Norman was started in 2020 by Brennock and Dixon under the name of Mark Darwin who discontinued his defamation claim in 2019: [2020] NSWSC 357


The contumacious contempt trial is listed for May 14, 2021, in NSW Supreme Court before Judge Sackar. Gillian Norman, represented by barrister Kieran Smark SC, thanks to a referral from NSW Bar Association, does not admit the charges.


Nightcap Community acolytes are assured by promotors that suppressed information published online in Nightcap Nightmare Blog will be removed by Court order.   



April 15, 2021

Nightcap Phoenix

Phoenixing of companies is inspired by a mythical bird's legendary ability to return to life after self-immolation on a fiery altar. 

Australia's corporate watchdog, ASIC, defines phoenixing as a move by company directors to avoid liability to creditors by winding-up a debt-ridden company and transferring assets to a new, related company continuing the same business.

In the recent liquidation of company Wollumbin Horizons in Qld Federal Court, two creditors, Gillian Norman and Ron Berry, filed a cross-claim alleging that phoenix action was in process, facilitated by Vincents' administrator Steven Staatz. 

The proposed Federal Court class action involved fourteen aggrieved creditors of company director and sole shareholder Adrian Brennock, (Aka Andrew Brennon, AB)

Phoenixed property, 3222 Kyogle Rd, Mt Burrell
Creditors claim co-proprietary rights to a 640 acre farm at 3222 Kyogle Rd, Mt Burrell, the sole asset of the company in liquidation.

In 2015, creditors had paid funds into the trust account of Mullumbimby lawyer Wrothwell Wall, in exchange for promises of co-ownership of land and a Residential Lot on the property purchased with their funds. 

The marketing representations were not fulfilled and investors' trust funds disappeared without any accounting by lawyer Wrothwell Wall. Litigation in regard to this negligent "folly" is ongoing. 

Judge Derrington, deciding that evidence of phoenixing a company to divest liability to creditors with the help of an official of the Court, would be too "scandalous" to be heard, summarily dismissed the cross-claim and imposed a suppression order on the proposed class action against liquidator Staatz.

The Federal Court case, Staatz v Berry, was begun in 2018 by the liquidator, but judgement was not made until 2020, when Derrington J appointed Steven Staatz as receiver of the contested property, with a lien over the land. An application by Norman and Berry to appeal the decision was summarily refused in the Appeal Court.

From 2015-2021, Brennock used the property to leverage expansion of the venture and acquired extensive shareholdings. 

With creditors claiming unpaid debts totalling over $2.6 million by 2017,  Brennock then executed an unregistered mortgage over the property, overvalued the land by $1 million and signed an undated contract of sale with associate Phillip Dixon.

Disenfranchised creditors who paid purchase money for the Mt Burrell property in 2015 were promised by company director, Adrian Brennock that if they allowed his mortgage to provide him with "vendor finance" to buy the land back, some favoured creditors would receive full recompense by December 2017. 

Gillian Norman and Ron Berry advised other creditors that they believed the proposed internal sale was intended as a phoenix move to wipe out company debts, while Brennock and Dixon continued to market interests in the company's land asset through insolvent trading. 



Ignoring these warnings of apparent phoenixing, other creditors bit the bait and continued trusting vapid promises, even when the supposed restitution of investors' funds was not made in 2017.

Brennock was bankrupted in 2018 and transferred his shareholdings in the venture to his wife. The $1 share by which he owned and controlled the property purchased with creditors' funds was transferred to Jason Bettles, a bankruptcy trustee at Worrels who has recently been implicated by ASIC in allegedly facilitating the phoenixing of multiple companies.

From 2017-2020, for four years the company liquidation languished, as bankrupt Brennock and associates continued profiting from trading with the insolvent company's land asset. 

For the creditors, any remnant hope of restitution evaporated along with the funds haemorrhaging from bank accounts to cover exhorbitant legal costs.

The land was sold at auction in 2020 on behalf of Vincents liquidator, Steven Staatz, 
by Ray White and boutique agency, Christies PrestigeAgent and executive Consultant to Christie's Prestige is Brennock's Nightcap Associate, Eamon Lowe, whose wife, Mikyla Lowe is director of the company Nightcap Holdings.

In a promotional video published by Nightcap Realty, Brennock removes the "For Sale" sign from  3222 Kyogle Rd, as he boasts "We bought it back ourselves."

The property was ostensibly purchased by Brennock's Nightcap associate Derek Zillman, but payment was not made until six months later by Brennock's Nightcap associate, company director Cherie Stokes, under the name "Cherie Noble". Creditors were informed that the property had been purchased by the company NCV Enterprises (Night Cap Village Enterprises), whose shareholders are Derek Zillman, Mark McMurtrie and Kristy Brennock.

Derek Zillman- Nightcap finance manager
In a 2020 Nightcap promotional video, 
Derek Zillman informs potential investors that the properties involved will not be held by NCV Enterprises, but will be owned by his company, Yidaki Capital. He assures investors that "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."

By 2021 some creditors of Brennock's company Wollumbin Horizons were informed by Vincents liquidator, Steven Staatz, that they would not receive any restitution. Others still keep dreaming of a few cents in recompense, but it's more than evident now, after four years waiting, that creditors can expect to receive nothing.

By transfer of property from Wollumbin Horizons to a related company, in which AB's wife, Kristy Brennock is a shareholder, the phoenix move warned about by Gillian Norman and Ron Berry is now complete: NCV Enterprises has risen from the ashes of Wollumbin Horizons to evade liability to creditors while continuing the same business of selling promises of Residential Lots without development approval.

Receiver Steven Staatz has been asked three times in emails from creditors to respond to concerns about profit from insolvent trading and phoenixing. He has not responded. 

The Creditors' Group with screen name Free Radical comprises the original investors who lost life savings in the venture. The Creditors' Group claims Certificate of Title is void due to alleged illegal phoenix activity, and contests the validity of any transfer of property ownership.

Read More:

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.    

 

April 14, 2021

Funds For Justice

Funds For Justice - Nightcap Nightmare

A Group of Creditors who claim co-proprietary rights to property at 3222 Kyogle Rd, Mt Burrell, have started a Legal Fund. Please contact us directly if you can help.

April 10, 2021

Nightcap Critics Call Phoenix Hotline

   

With intense animosity flaring between angry creditors and promotors of Nightcap Community, opponents are filing complaints with the ATO's Phoenix Hotline, claiming that property currently advertised for purchase of Residential Lots was acquired by the developers through illegal phoenix activity.

Concerned neighbours and environmental defenders have also filed extensive objections with Tweed Shire Council about the legality and potential adverse impact of the proposed land-share development at Mt Burrell, NSW.

Company director Adrian Brennock (AB): "We bought it back ourselves!"

The Phoenix
"He who was but now the sire
comes forth from the pyre the son and successor. 
Between life and life lay that brief space 
wherein the pyre burned." 
By Roman poet Claudian, 4 AD

Read more:

Nightcap on Minjungbal: Phoenixing in Action
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.

Nightcap Village: the Phoenix in Flight
Phoenixing of companies for private profit is inspired by the 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.

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