Funds For Justice

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.

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.

Nightcap Nightmare Disclaimer

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:

Legal Injustice

For Nightcap marketing representations see:

Nightcap on Minjungbal Marketing Sacred Land

For Nightcap's alleged Phoenix activity see:

Nightcap on Minjungbal: Phoenixing in Action

Perfidious Hopium: Nightcap's Negligent Folly

Gi Linda Responds to Nightcap's Note to Emerging Community Members:

Potential Nightcap investors back out when they discover the losses and harm suffered by disenfranchised investors,and the ongoing lawsuits that we have now been tenaciously pursuing for years. Nightcap Nightmare Blog documents our quest for truth and justice.

Confronting truth with an act of malicious retaliation, Adrian Brennock (AB) and cohorts, imposed on me, as publisher of the blogs, an aggressive SLAPP action - "Strategic Lawsuit Against Public Participation" in a failed attempt to impose a total gag on free speech that would enable them to continue selling interests in land, without anyone revealing the long trail of harm and loss caused to earlier investors.

Foundational to the SLAPP litigation is a perjured false narrative that, for the last six years has been published in Nightcap Newsletters, posted online and recited with big-puppy-eyes before judges and prospective investors.

I am cast as a "serial pest" in this noxious narrative by which anonymous weasels have maligned me since 2016, warning that I can expect to be "wiped off the windscreen of their lives like a bug..."

Potential new investors are falsely informed that the original investors lost their battle for justice in court 17 times and have all been repaid. 

Posted on the marketing website of Nightcap on Minjungbal, the malicious narrative was also copied on Samantha Bachman's site as a "Note to Emerging Community Members".

Nightcap Investors Apply for Residential Lots

Nightcap Community Questionnaire is published by Nightcap on Minjungbal promotor Samantha Bachman on her website. It's part of an application for a residential lot with Nightcap on Minjungbal "Community" at Mt Burrell, NSW.

The developers are not named.

Prospective investors are informed that the minimum deposit is $100,000 and "vendor finance" is available to a select few, subject to approval by the anonymous "development team".

Nightcap Community Questionnaire

The first question is:

"Names of you and your family members that would like to live on the land?"

Applicants may presume that a question regarding their desire to build a home on the land implies that permanent residence is a legally permissible and immediate possibility. 

A disingenuous footnote to the Nightcap Community Questionnaire advises prospective investors to do due diligence, but does not warn that multiple occupancy is not a permitted use of the land, that DA applications have been refused three times, and that no development approval is currently in place.

Hopeful investors are not informed that fulfilment of the marketing representations is subject to approval of Nightcap's prospective land-share concept by Tweed Shire Council or regional authorities, through a process that normally takes several years to complete.

The developers do not warn of risk over contested ownership of property they advertise. Nor do they inform that during 2014-2017, in response to similar marketing representations, 23 families were "approved" and invited to "live on the land" in exchange for receipt of over $2.5 million in trust funds, loans and other equity.

Unfortunately these investors lost life savings, but hey, Nightcap promotors don't care about that. The anonymous development team has published a disclaimer... and they are aggressively pursuing SLAPP actions to protect their revenue stream by imposing an unconstitutional gag on aggrieved creditors and outspoken critics clamouring for justice.

Litigation and threats of litigation effectively muzzle many creditors who silently fear retaliation if they should dare object to having been fleeced. Most of this blog was recently removed due to such intimidation, but the posts have now been restored by Admin.

Nightcap Promotion Published by Samantha Bachman

Samantha Bachman, the manager of Earth-Haven Display Villages, is also threatening the publishers of Nightcap Nightmare Blog with legal action.  She promotes Nightcap on Minjungbal's "Land and Tiny Home" offer online without disclosing that multiple occupancy and land-sharing are currently not permitted use of the offered land. 

Blog Wars

On March 11, Nightcap Nightmare Blog posts were removed in response to threats. These posts have been restored by Admin.

Legal Injustice

By Gi Linda

Dancing on tilted stages of Kangaroo Courts, jousting with lying lawyers and bat-winged wigged sophists, hoping for vindication and receiving only injustice upon injustice, I learned painfully that as the double-edged sword of injustice strikes, honour is brutally subordinate to the more profitable interests of mendacity. 

Lawful Injustice Blog removed by Google Corp in 2020

"Lawful Injustice" was the title of a blog I published from 2019-2020. This was an account of a failed quest for justice by a group of investors, after we were shafted in a land-share venture at Mt Burrell, NSW. Lawful Injustice blog was removed by Google Corp in response to a demand by the developers' lawyer, Billy Fitzgerald. 

Of course, injustice works better when free speech is suppressed.

In 2014, under the auspices of "Truthology," Mark Darwin (MD) and Adrian Brennock, "AB" posing as "Mr X," began soliciting finance for purchase of property. In exchange, they offered co-ownership of the land and residential lots, where it was promised that "ethical investors" could build a home and live permanently. 

Farmhouse at Bhula Bhula Community 2015-2017

To confirm acceptance of the offer, potential participants were instructed to deposit payment into the trust account of Mullumbimby lawyer Wroth Wall, who was nominated as “Community Lawyer,” also responsible for conveyancing. 

I am one of the creditors who lost life saving in this venture. We believed that the lawyer's fiduciary duty ensured that our funds would be protected as trust money, held exclusively for us in his trust account and disbursed with our consent only for the agreed purpose. This did not occur. 

The developers did not fulfil their marketing promises. In 2015, Adrian Brennock used our trust money to purchase a property through his company, Wollumbin Horizons, then from 2015-2017 he controlled the property with a $1 shareholding in the company. 

We estimate that, including contributions of purchase money, equity and loans, 23 families provided the developers in total with over $2.6 million, and received nothing when the developers' marketing promises were flagrantly broken. 

The Truth about Truthology

The first blog that aggrieved creditors published in 2016 was "The Truth About Truthology" that discussed the beginning of the land share venture. This was wiped by Google Corp in 2020 at Billy Fitzgerald's behest.  

Marketing materials promised that Certificates of Title to the properties would be held by an Incorporated Association “Together in Harmony” on behalf of all contributors of purchase money. 

After causing extensive hurt and loss by fleecing those ingenuous "ethical investors" who had been offered co-ownership of land as members of an association, sardonically called "Together in Harmony," the developers, with characteristic vicious irony, adopted the cynical mantra: "Do No Harm," and while selling more and more fantasy lots as "Dwelling Sites," also advanced a spurious claim of aboriginal sovereignty. 

An ongoing quest for justice began in 2016, for some of those whose misguided trust had resulted in lost life savings.

After taking $120,000 from me, anonymous swinging monkeys then took away my mobile home and a caravan, smashed my garden and threatened me with malicious attacks and stalking. 

When I published claims that MD and AB had swindled us, they sued me for defamation.

Gi's Garden before it was smashed

Nightcap Landshare Communities

In 2017, AB put his company into liquidation in a phoenix move to divest liability to unwanted creditors. As AB and MD continued trading with the property under other names, the concept was expanded, and is now valued at $37 million.

By 2019, MD had been thrown under the bus by AB and was no longer involved. New promotors now selling the dream alongside Adrian Brennock include Richard Moate, Mark McMurtrie, Derek Zillman, Mikyla Lowe, sovereignty shill Max Igan, Earth-Haven's Samantha Bachman, various Aborigines offering "tribal title" who claim to be "true owners" of the property, together with international lifestyle celebs, Don Tolman, Tyler Tolman and Pete Evans.

Mark McMurtrie, a renegade Brit, who, as a self-identified white Aborigine, calls himself Gunham Badi Jakamara, and Derek Zillman are company co-directors and major shareholders with Kristy Brennock, wife of AB, who received his shares after he was bankrupted in 2018. 

The promotors spruik the land-share scheme with it's pretentious motto, "do no harm," making sure they keep eyes wide shut to the hurt caused to us when we received nothing but harm in exchange for our funds.

Injustice upon injustice has enabled the developers to leave a trail of shattered lives and empty bank accounts as they continue to inflate the dream, while promotors continue marketing "tribal title" to prospective residential lots without any good prospect of ever receiving development approval.

Nightcap Community Consultation

Mark McMurtrie and Nightcap "Freemen" confrontation

There's more than meets the eye to Nightcap Development application!

Nightcap on Minjungbal is more than just a money-making development. The "Freemen" who claim to be running the show are occupying property at 3222 Kyogle Rd, and selling "tribal title" to "pre-DA dwelling sites" in a proposed aboriginal "autonomous nation," in opposition to government authority. 

We are told that after three definitive rejections over three years, a DA application by NCV Enterprises  was lodged with  Tweed Shire Council just before the Christmas break. A 14 day option to oppose the application expired the day before councillors returned to work, and the application was accepted by default.  

The application for development of multiple rural land sharing communities requests consent to commence the first stage of a strongly contested venture that began in 2014 and is marketed globally as an "off-matrix tribal experience".

Comment by Mt Burrell Resident David Vincent

Since December 2014 we, at Mount Burrell, have had the misfortune of having to contend with a bunch of people intent on impacting on our rural lifestyle to make a quick dollar. You may be aware of the failed Bhula Bhula Intentional Community where some trusting people wanted to enjoy our beautiful valley. Well, they lost a combined total of $2.5 Million and had to leave the property.

The same group have now put forward a plan to create a similar community but on a much larger scale ... this will be 400 dwellings at 2984 and 3222 Kyogle Road. Put this is perspective, at the last census, the village of UKI had 300 dwellings, the average number of people in each dwelling was 2.5 people and the average number of motor vehicles per dwelling was 1.9. Using the Uki figures this would mean another 1000 people in our area and another 760 cars on our road. It’s not hard to visualise the impact this would have on our road, our wild life and our environment.

Council will be advertising this application on February 17th for a 28-day period. During this time we can review and comment. This is a complicated DA and there will be more posts as we consider all aspects of this new township. If you are from Mount Burrell, Kunghur, Nimbin, Byrill Creek, Uki and Murwillumbah, I suggest you spend time considering the implication of this crazy scheme.

Have your say on the DA application:

https://datracker.tweed.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=877619&a=DA21/0010

The DA application DA21/0010, lodged 14/01/2021, is described by Tweed Shire Council as :

"Integrated Development - staged concept development application under s4.22 of the EP&A Act 1979 for multiple rural land sharing communities with stage 1 seeking approval for the upgrade of the existing private road and associated earthworks, vegetation removal and site construction office and storage area (NRPP)"

Estimated Cost of Work: $37,076,000.00

Read more:

Development Application for Nightcap Village Refused

https://www.nightcapnightmare.com/2020/09/development-application-for-nightcap.html

Earth-Haven Dumps Nightcap Promotion

Managers of Earth-Haven Sustainable Communities and Display Villages have dropped Nightcap on Minjungbal as one of the projects linked in their network of off-grid communities. Promotional information and marketing representations selling Nightcap's "Off-Grid" land and home offer have been removed from Earth-Haven's website and Facebook pages.

No reason has been published by Earth-Haven for dumping Nightcap, but the manager, Samantha Bachman, privately states that concerns arose after talking with several of the creditors who provided purchase money for the properties in 2015, without receiving promised co-ownership of the land. 

She says Earth-Haven also has concerns about promoting Nightcap's land and home offer prior to necessary development approval. 

Samantha Bachman expressed further disapprobation regarding apparent malicious intent signalled by a Nightcap director in Voxxer Messages recorded in 2016. Some of these audio messages have been published online and were read into the Supreme Court record in 2019 as evidence for the defence in the defamation case Darwin v Norman.

Samantha Bachman Sells Nightcap-Earth-Haven

"Dreaming about getting out of the city, out of the rat race and into nature with a heap of other like-minded who want to do the same and support each other to build a new community? If so, we have the perfect package for you to start really living, enjoying nature and community and becoming self-sufficient in no time."

Extracts from articles published by Samantha Bachman, promoting Nightcap-Earth-Haven Sustainable Communities and Display Villages:

"Imagine your own 5G free, virus free, chemical free, bug out zone on thousands of acres… You also have common property use of as well as the 2.47 (approx) acres you will get for your exclusive use with your own relocatable tiny home to get you started."

"Magical land at the foot of Mount Warning (Wollumbin) on over 7,000 acres of fertile volcanic soil at the “Nightcap On Minjungbal” village. Which is planned to be the World’s Largest Eco Village."

"You choose your block in the fully MASTERPLANNED Community, choose your Tiny Home and we then throw in Composting gear, a Bee hive and all the Books and eduction you’ll need to learn to live off the grid and become self sufficient. We will even help you build your own Earth Home if that is the type of home you feel is for you." 

samanthabachman.com/off-the-grid-package - samanthabachman.com/earth-haven 

Nightcap Nightmare: Comment and Update

Note that Samantha Bachman's promotion of Nightcap-Earth-Haven does not inform prospective buyers that multiple occupancy land-sharing is currently not a permissible use of the property on offer. 

No development approval for the proposed development exists. The Nightcap Village Concept Plan was rejected on September 17, 2020, by Tweed Shire Council in the face of strong local opposition. Council is currently considering a further proposed concept plan from the prospective developers.

Litigation related to Nightcap Village between the promotors and angry creditors has been ongoing since 2017, with two hearings in NSW Supreme Court adjourned, that had been listed for February 16 and 17, 2021.

                              

Nightcap's Off-Grid Living Package

"If you’re ready to get off the grid and out of the matrix let Earth-Haven in conjunction with Nightcap on Minjunbal be your little piece of Heaven on Earth. Let us help you build your home from the earth, plant your food garden and become a part of our sustainable community. If this is for you, give us a call today and we’ll work with you in relation to your next steps to make your new way of living a reality in 2021."  http://samanthabachman.com/off-the-grid-package/ 

Nightcap Village at Mt Burrell, NSW, is now rebranded as a 7,000-acre land-sharing community, part of a pioneering venture called Earth-Haven Sustainable Communities and Display Villages.

Eligible investors are offered a special "Off-Grid Living Package" with a Tiny Home and a beehive on a 2.47 acre dwelling site for $349,000. The lure of a $25,000 government handout for home builders is included.

The promotors assure buyers that the venture is permissible by consent of regional authorities under current legislation governing Rural Landsharing Communities, but they don't mention that Tweed Shire Council has not yet accepted the developers' concept plan.

Earth-Haven Sustainable Communities

An Australian land-share venture at Mt Burrell, NSW, that began in 2014 as Bhula Bhula Village Community, was renamed Nightcap Village and Nightcap on Minjungbal, and 2021 is now marketed as Earth-Haven Sustainable Communities and Display Villages.

For many of those whose funds and hopes sunk in this venture during the last seven years, the promised "Haven" turned into Hell on Earth.

In 2016, the venture was exposed as an alleged fraud in local newspapers, on social media and in blogs by investors who claimed they lost life savings when marketing representations were not fulfilled.

Years of costly and damaging litigation by the controllers of the venture against aggrieved creditors, attempting to gag the increasingly vocal investors pressing for restitution, succeeded during 2019-2020 in obtaining Court judgements that excused the failure of the promotors to fulfil marketing representations as "incompetence" but not fraud.

With the promotors protected by Court Order from allegations of deception, bullying and fraud, the land-share scheme soon became a living nightmare to unrequited creditors who, after being denied the use and co-ownership of property, promised in exchange for their life-savings, were further denied a voice of reclamation.

Landowner Peter van Lieshout

Landowner Peter van Lieshout and Nightcap promotor Tyler Tolman

In 2017, Bhula Bhula was turned from a costly failure into an even bigger and better idyllic dream with a new name. The venture was expanded to 3,500 acres with addition of a neighbouring property owned by Peter van Lieshout and promoted by famous faces with large followings. 

 

Fronted by American celebrity Don Tolman and his son Tyler Tolman, Bhula Bhula was rebranded as Mt Warning Eco Village, until mountains of warning from angry investors triggered another name change to Nightcap Village.

Don and Tyler Tolman marketing Nightcap Village, 2018 

Nightcap Village 

After the original co-founder and promotor, Mark Darwin, was removed from the project, Mark McMurtrie, Derek Zillman and other sovereignty activists gained control as they expanded the venture to greater heights of ambition, with greater depths of harm to their clamouring creditors.

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

Nightcap's rebranded "Earth-Haven Sustainable Communities" may sound like a dream come true to cashed-up ingenuous idealists seeking a life-change, but for the disenfranchised who provided funds from 2014-2015 to buy the properties and were left with nothing but loss, hurt and harm, the re-imaged land-share scheme has been very far from Paradise, and the soothing mantra parroted by the promotors, "do no harm" does not heal the deep wounds of many creditors.

Phoenix Rising

"He who was but now the sire 

comes forth from the pyre the son and successor; 

Between life and life lay but that brief space 

wherein the pyre burned."    

The Phoenix by Roman poet Claudian, 4 AD

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.

Vincents Notice of failure to complete property settlement

Mark McMurtrie, Adrian Brennock "We bought it back ourselves"

Wollumbin Horizons Receivership Update: 

Letter to Creditors from Vincents Liquidator, Steven Staatz

Co-director of the Nightcap venture, Derek Zillman, the purchaser of the company's property asset at 3222 Kyogle Rd failed to complete settlement on the contract of purchase for a second time. The settlement date is extended to November 18. 

Nightcap on Minjungbal - Phoenixing in Action