June 18, 2020

Mountains of Warning

Buyer be warned! 
Mount Warning Eco Village- a fresh face and a different name for the same old game.  

Attractive online façades with changing names and faces conceal a long line of creditors pressing for restitution. Promoted by Mark Darwin, the current lure, “Mt Warning Eco Village” is sold as an exciting opportunity to be part of an up-market “intentional community” dedicated to an alternative lifestyle. The sales pitch sounds smooth, but baited buyers are not warned that habitation is not permissible on the residential sites offered for sale. 

Once hooked, new financiers soon wake up to harsh reality; a hidden history of hurt, harm and betrayal that has already spat out many disillusioned investors.

Mark Darwin and Associates

Mark Darwin, Caroline Coman
A renowned snake-oil marketing master, in 2014-2015, Mark Darwin presented himself as a former high-flying finance-monger who says he had a glorious epiphany when he was healed of a brain tumour by Tyler Tolman’s celebrity father, Don Tolman. 

He tells how he was reformed to serve a higher cause, transmogrified from a scurrilous money-grubber into a humble lifestyle guru, saving people from corporate enslavement - for a fee - by sharing "Freeman"/"Sovereign Citizen" tricks, such as how to get off paying fines and how to use the legal system for commercial advantage. 

"Sovereign Citizens" live by their own mashup of common law that's held above government statute. They assume that an imagined collectivist cause confers on them the right to trample truth, discard moral and ethical oversight and ignore legislation that constrains normal mortals from anarchy. 

Truthology - A Matrix of Lies

Beginning in 2014, followers of Mark Darwin were enticed to fund the venture through an online front, Truthology”.  

Freedom Summits” linked with Create A Foundation” apparently aiding abused girls, flying under the radar of a dynamic, compassionate activist movement with a sagacious international following, presented a land-share venture offering sale of residential lots. 

Darwin called for “selected” investors to jointly buy land and form a “Village Community.” By 2015 he had acquired $1.5 million and established Bhula Bhula Village Community” at 3222 Kyogle Rd, Mt Burrell, NSW. But his contractual terms were later dismissed or switched, after investors had fully paid. 

The Law of the Brute: They score the loot, investors get the boot. 
Employment of a town planner enhanced appearances that development permits were in process, but investors were misled by lack of warning of risk, with the silent omission of known restrictions on potential land use and hidden "Sovereignty intentions". 

Tweed Council also strongly warned the aspiring developers that no community would be permitted on that property because parts of it are protected as rainwater catchment. Yet these warnings were all kept hidden from investors.

Soon after the communal venture began, families who had been camping, preparing to construct their dream homes discovered too late that the supposed Village Community was set up to be governed by an un-executed Trust that was later used to betray the trust of the supposed "unit holders" when investors who paid for the land were disenfranchised with only a beneficial interest in the empty Trust.

After Tweed Shire Council took legal action, the developers  forced investors to leave the Mt Burrell property without return of their money.

Mark Darwin’s partner, director and sole shareholder in the company owning the land, holding a single share of value $1, still asserts control as the illegitimate yet legal sole owner of the land asset. 

"Recreating the Village" Promotional Presentation in Sydney

By August 2015 the hidden intent of the developers was revealed. An archived video recorded at a sales pitch in Sydney“Recreating the Village” was posted online, but is now removed. “Recreating the Village” demonstrates how the developers set up an apparently impenetrable fire-wall protective structure using the services of the conveyancer, lawyer Wroth Wall.

During the sales presentation, (min 40) Mark Darwin assures his audience that “sweeping legislation allows for habitation” on the Land and he demonstrates contempt for local authorities and neighbours: 

Mark Darwin: “We’ve already been contacted by Tweed Shire Council, 48 hours after settling... the locals have already contacted Santa Clause ... they’ve accused us of carrying out illegal works and all sorts of stuff. But we want to develop a relationship with them... Cough-cough.” 
AB: “Bullshit!... We’ve ruffled a few feathers.

Mark Darwin: “And if you know AB and I, we don’t get bullied by authorities!” 

Darwin admits that apart from their willingness to comply with construction safety standards for residences, they do not intend to seek any prior Development Approval, but intend to get “current approval status” extended.

Only an inner circle knew that the advertised lots were reserved for future water catchment to a proposed dam at Byrrill Creek. 

In December 2015, an independent town planning report was issued, advising that multiple occupancy would not be allowed. The report was hidden from investors, who were encouraged to build dream-homes with exotic mountain views.

The developers then appointed themselves co-directors of a new company, Rainmaker Eco Investments Pty Ltd, and used investors' funds held in the trust fund of lawyer Wrothwell Wall to purchase an adjoining commercial precinct, at 3220 Kyogle Rd, including Sphinx Rock Cafe, shops, fuel servo and a caravan park.

Mt Burrell Commercial, purchased by Darwin and associates in 2016

Nimbin GoodTimes

The Mt Burrell land-share venture was first exposed as an alleged scam in October 2016 in a Nimbin GoodTimes article, The Truth About Bhula-Bhula by Gi Linda

Legal action is in process by disillusioned investors in a community at Mt Burrell, near Nimbin. The community was founded by Mark Darwin through his organisation, ‘Truthology’. Investors warn that ‘Truthology’ presents a matrix of lies, using misleading marketing to facilitate acquisition of multi-million-dollar properties.  

“Investors paid up to $120,000 for fake shares in the 640 acre property and some also transferred their superannuation, falsely assured that development applications were in process and would be fast-tracked to approval."

Instead of making reparations to creditors, Darwin and associates sued Gi Linda for defamation, extended the “Village Community”  to a neighbouring property, formed a new company, Rainmaker Eco Investments, then went fishing for more investors.

After being exposed in several other local newspapers, Darwin and cohorts simply scrubbed online references to the venture, issued threats of extreme litigation to their opponents, then popped-up a new front and continued marketing a “once in a lifetime opportunity to own a town”

The land-share scheme resurfaced as they continued re-selling the proposed residential lots using a new façade: “Mt Warning Eco Village”. 

Darwin says they’re “recreating the village”. He promotes the venture as “ethical, sustainable and green” as he continues flogging shares in the community fiasco.

Great profit and special privilege can evidently be gained from the simple intent to “re-inhabit” land that is not legally habitable.

Sites for sale on protected land

Puppet directors Steven McSween and Richard Moate were set up to run the re-emerging "Community".

Despite the restrictions to potential use of the land and the failure to lodge development applications, the advertised "Community" is promoted nationally and internationally, and loans are sought to facilitate purchase of more land by Darwin and associates in a prospective shareholder agreement with neighbouring landowner Peter van Lieshout.

In 2016, with shares in the failed Bhula-Bhula Community still being sold, Mt Warning Eco Village was advertised as a unique opportunity to buy into an “entire town” on 3,500 pristine acres. Plans include a medical cannabis university and dispensary with a luxury spa hosted by international celebrity health coach Tyler Tolman, who runs an expensive Bali resort offering “Heal Thy Self” juice fasts. 

In August 2016 Mark Darwin posted online: “Now we've just bought the entire township of Mount Burrell, and are taking on investors who wish to join us... Tyler Tolman has secured space at our Intentional Community near Mt Warning.” Asked about his participation in the alleged fraud, Tyler Tolman confirms he is collaborating with the venture. 

Mt Warning Eco Village

Kelly McSween, Sales
Tweed Shire Council continues to warn the prospective developers that, as with the adjoining "Bhula Bhula" property, the area they are advertising as designated for residential lots in "Mt Warning Eco Village" is reserved for future water-catchment — no habitation is permitted.

For two years, with marketing by Kelly McSween, Darwin’s development team has continued advertising and selling residential lots in a purported “harmonious community,” headed by “new young energy”, without revealing their lack of DA approval, environmental constraints on use of the advertised sites, occulting the developers' hidden allegiance to the "Sovereignty cause" while also covering up the profound harm and loss caused to the original dispossessed creditors.

To silence critics, promotors aggressively confront and make defamatory ad hominem attacks against all who expose or oppose them.

The village, intended to span multiple properties with a projected total of 2,300 dwellings, is now advertised at mountwarningecovillage.com.au“Recreating the Village through Community Spirit and Respect of the Planet”.

Distancing the elitist Mt Warning Eco Village from neighboring communities of farmers and local pot-growing hippies who keep alive the communitarian values of Nimbin's 1973 Aquarius Festival, potential buyers are assured in marketing offers: “Make no mistake, these aren’t your daddy’s hippy communes”:

“Those who find themselves on the pioneering growth edge of communal living are calling for a return to our roots… and are advocating for a cultural resurgence of a new form of village living. Learning from both the successes and missteps of our parents’ generation, conscious Millennials and Gen-Xers are uniquely poised to Re-Inhabit the Village in ways the world has never seen.”

Mount Warning EcoVillage Website

Location of the property

Tours showcase the environmentally protected areas that are offered for sale with optional cabins for only $150,000:

“We encourage you to book a tour with us to explore this incredible 3,500 acre project. The tours are usually twice a month (on weekends) and commence at 8am (NSW time) and conclude with a lovely lunch at a log cabin in the middle of the property over looking Tallow Wood Dam at around 1pm. During the tour, you will meet the Founders, existing members, and also some local tribal elders who will welcome you to country, and show you how to introduce yourself to country over time…”

Environmentally protected land offered for habitation at Mt Warning Eco Village

To date, no development application has been approved for the establishment of a village on the protected land, and despite assurances by promotors that the venture does have green-lit DA approval, no Development Application has even been initiated.

Anyone who enquires about the advertised “ethical investment opportunity” in the Mt Warning Eco Village is first required to reveal their phone number. The automated response is slightly menacing: “We’ve got your number.”

Financial Scandal Destroys Secret Eden

By Charlie Peel, The Courier-Mail | 23rd Jul 2017

"A SECRETIVE colony for people who wanted to live off the grid in "earthships" has collapsed, leaving a community divided."

"Some out-of-pocket investors have been critical of the community's founders but others remain supportive, threatening The Sunday Mail with a class action should the paper publish an article," the Courier Mail reports.

"The Sunday Mail can reveal what was meant to be a dream Utopia in the forested foothills just over the Queensland-NSW border has turned into a nightmare. 

Villagers paid up to $160,000 each to be part of Bhula Bhula but have now split into squabbling factions as they try to protect or recover their investment."

June 13, 2020

Hot Line to the High Court

High Court of Australia 2020

A Notice of a Constitutional Matter is currently before the Attorneys-General, on grounds that the Sovereignty Activists controlling the land-share scheme are selling “Native Title” to “Rural Dwelling Sites” without development approval, on properties they do not rightfully own, and phoenixing a company owning land title that is void due to fraud

NSW Supreme Court, Qld Federal Court and the Federal Court of Appeal have all enabled illegal phoenixing by suppression of evidence of fraud.

June 12, 2020

From Nightcap Village to Earth-Haven Sustainable Communities

An Australian land-share venture that began in 2014 as Bhula Bhula Village Community, is now marketed "Nightcap Village," "Nightcap on Minjungbal" and also as "Earth-Haven Sustainable Communities and Display Villages".

Proposed site of Nightcap VillageAfter the original founder, Mark Darwin, withdrew from the project, other Sovereignty Activists with legal and financial control expanded the venture to greater heights of ambition, with greater depths of harm to their clamouring creditors.

In 2016, the incipient intentional community at Mt Burrell  was exposed as an alleged fraud in local newspapers, on social media and in our blogs.

Tyler Tolman marketing Nightcap Village

In 2017, Bhula Bhula was expanded to 3,500 acres with addition of a neighbouring property owned by Peter van Lieshout. 

The project, promoted by Tyler Tolman, was neatly rebranded as "Mt Warning Eco Village," until mountains of warning from angry investors crying "fraud" triggered another name change to "Nightcap Village". 

Nightcap Village soon became a living nightmare to unrequited creditors who were denied the use and co-ownership of properties, as promised in exchange for their life-savings.

Nightcap Village is now run by non-indigenous Sovereignty Activists selling "Native Title" to "Rural Dwelling Sites" without development approval, on properties taken from others who provided funds for their purchase.

An advertisement on Gumtreee by Mikala Lowe, director of Nightcap Village Holdings Pty Ltd,  offers sale of company shares in the venture. 

The company shares, negotiable from $295,000, are ostensibly convertible to prospective 2.47 acre dwelling sites in the "World's largest Eco Village". 

We allege that the advertiser, Mikala Lowe, is implicated in a planned phoenix move. Her husband, Eamon Lowe is executive consultant to the agency Christies Prestige, holding a Receiver's auction of the property we paid for, next week, on June 19.  

Mikala Lowe Nightcap Village marketing

Earth-Haven Sustainable Communities 

After years of costly and damaging litigation by the controllers of the venture, attempting to gag the increasingly vocal investors pressing for restitution, the land-share scheme turned from an alleged scam into an even bigger and better idyllic dream with a new name, promoted on YouTube and Facebook by fresh faces with large followings.

"Nightcap on Minjungbal" or "Earth-Haven" may look like a dream come true to some ingenuous and idealistic buyers seeking a life-change, but for those of us who are disenfranchised purchase money creditors; those who provided funds from 2014-2016 to buy the properties and were left with nothing but hurt and harm... to all of us, the land-share scheme now newly re-imaged, has been far from Paradise, and the governing mantra of the controlling Sovereignty Activists, "do no harm," does not heal our wounds.

For many of us whose funds and hopes sunk in this venture, those who lost everything in this bad dream, in our reality for the last five years, this imagined "Earth-Haven" has been more like Hell on Earth.

June 11, 2020

Nightcap Village: New Promises, Old Lures

In Australian courts, news reports and blogs, victims of an Australian land-share venture warn that Sovereignty Activists are selling dwelling sites in a land-share venturenow called Nightcap Village, that has been advanced without development approval.

Since 2014, these "Freemen" have swallowed-up much goodwill by making promises muscled by contrived urgency to induce payment of money to them. However, the marketing promises were not fulfilled, and the dream quickly became an ongoing nightmare, as life savings were sucked into a black hole and disappeared, with nothing tangible in return expect hurt and harm.

Under a functional legal system, such dishonesty could be stopped, but as "Freemen" relying on a false narrative and perjured affidavits, Sovereignty Activists intend the courts should bow to them.

As a result, those who lost life-savings have been denied justice for more than three years in four jurisdictions: the local Magistrates Court, NSW Supreme Court, Qld Federal Court, and Qld Federal Court of Appeal. 

A Notice of a Constitutional Matter has now been filed by the victims in an ongoing quest for truth and justice, to move the matter to the High Court.

Bhula Bula Village Community - Backstory to a Fiasco

During 2014-15, the Sovereignty Activists controlling the venture called Bhula Bula Village Community at Mt Burrell, NSW, sold the dream at public events, and secured finance without adequate contractual procedure. 

Potential investors were deceived by promises about legal advisers, legal structures and process, financial management, potential and permissible land use, property management and the status of development applications for land-share occupancy.

May 30, 2020

Ripped Off

A Defrauded Investor -

Unfortunately everything on this Blog is true!

I say "unfortunately" because I am one of the members of this failed community. Very unfortunate for us. It has destroyed our lives. Now trapped in limbo, we are trying desperately to get our life savings back.

The way they work is very ugly. Total con-men! Slick sales and the ability to lie directly to your face knowing all along that they plan to take your life savings and use it to buy themselves expensive toys and fund the expansion of their show.

Our community did not fail because of personality differences, it failed because it became obvious that the financials were being kept secret and that $600k was missing from our accounts. 

Records show it was taken by community leaders and those who were suckered in to follow them.

It also became obvious that they had hidden a town planners report that showed we would never be allowed to build our community there due to water catchment restrictions that they knew about all along.

Then they crashed us into liquidation days before we were to vote a new trustee and try to rescue ourselves. They have added $660k of fake creditors to the company -- all made-up expenses from their friends and family and other companies they control.

No valid attempt was ever made by them to sort this community out. Their plan is purely to make lots of money off the backs of families who are wanting to build community.  

And now they are doing it to another group of poor unsuspecting folks. My hope in posting this is that they will read it before they also fall victim. My heart goes out to those folks.

Please share this to anyone who maybe thinking of "community " in the Mt Burrell, Uki, Nimbin area. Save them from these sharks!

May justice prevail! 
May we find our way back to peace!

Justice is on its way!

Gi's Garden

Gi's Garden at Bhula Bhula  2015-16, before it was destroyed by community leaders

Nightcap Village Local Concerns

By A Concerned Neighbour -

I am a 'Mt Burrell local' and I have watched what has gone on at 3222 Kyogle Road since 2014 when the promotors set about getting the funds together to buy the land. 

I was appalled by the promotors' first youtube video talking about our piece of paradise, calling it "Hicksville" and boasting how they, with the help of likeminded people, would educate the locals, take over Sphinx Rock Cafe and serve "real food" grown on their own land. 

Sphinx Rock Cafe, Mt Burrell

During 2015-16 a shanty town grew up at 3222 Kyogle Road. Fortunately Tweed Shire Council became involved and the Land and Environment Court ordered all dwellings, except the original farmhouse, to be removed. Everyone left after taking down their dwellings.

Gateway to a Bad Dream... 3222 Kyogle Rd, Mt Burrell, NSW

What was once prime agricultural land is now in ruins. 

I have subsequently met several of the people who 'invested' their money in this illegal scheme and they are good people who believed the dream that the promotors were selling. They have lost their 'investment' and for many that was all they had - everything gone.

New offers, same lies
The promotors have now expanded the land-share venture and renamed it Nightcap Village. They repeat the same lies and schemes that I saw in 2014-16. More people are being conned and once again they will lose their money.

Don't listen to their lies!

Don't give them your money for nothing but heartache in return!

(Names have been redacted from this account)

Sovereignty Activist Max Igan Shills Aboriginal land-grab

Max Igan promotes an Australian Sovereignty land-share scheme offering native title to dwelling sites without development approval as part of an ambitious  prospective development called "Nightcap Village".

Nightcap marketing materials claim that the "true owners" of the properties where dwelling sites are on sale are aboriginals from the Minjungbal tribe, who say they have de-facto occupied the land as recompense for the original theft of blackfella land in Australia by the brutal Brits.

Dwelling sites on the properties are now on offer for sale without Tweed Shire Council's development consent, so any ingenuous buyer can receive a "dwelling site" subject only to the capricious whim of indigenous elders, the "true owners".

Current Nightcap Village marketing representations promise that for a quick payment of $295,000 (vendor finance available), new investors will get a dwelling site and they will then become "true owners" of the land.

Max Igan, with a significant following at his Crowhouse, obfuscates the fact that twenty seven angry investors claim to have lost life-savings in the land-share project from 2014-19, amounting to a total of over $2 million.

Nightcap Village marketing narratives conveniently ignore the fact that those who provided purchase money for the properties in 2014-15 consider that they are the rightful "true owners" of the land.

Max Igan has been twice warned that he will be prosecuted for defamation if he does not remove malicious ad hominem attacks against Gi Linda broadcast in his YouTube video conversation with Mark McMurtrie.

In the video, Gi Linda, (Gillian Linda Norman) is subject to ad hominem attacks ostensibly to discredit her claims that she and other investors, who paid purchase money for property without fulfilment of marketing promises, have been disenfranchised without restitution of funds. 

Defamation charges against Nightcap Village and Nightcap Village project manager Phillip Dixon for similar false claims have been lodged with NSW Supreme Court.

Litigation is ongoing regarding claims of rightful co-ownership by those who provided the purchase funds for land.

The fact that Max Igan parrots spurious sovereignty claims while marketing property stolen from those who purchased it, is deeply egregious.

The defrauded investors - who claim legitimate co-proprietary rights to land title, say that Max Igan's promotion of the land-share "sovereignty cause" on behalf of hidden Nightcap Village controllers, is not only audacious and egregious, but is also deceptive and illegal.

Marketing Hopium

Marketing Hopium
Gi Linda responds to malicious attacks by Nightcap Village promotors

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