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.

March 27, 2021

Nightcap Nightmare Disclaimer

A NSW Supreme Court judgement in the defamation matter Darwin v Normandetermined in 2020 that sale of Residential Lots without development approval in a Mt Burrell land-share venture, causing substantial loss and harm to investorsmay 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 "incompetencehas 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:

March 26, 2021

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 yearsNightcap 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".

March 24, 2021

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. 

March 14, 2021

Blog Wars

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

March 10, 2021

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 ventureWe 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. A
s 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 IganEarth-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.

Marketing Hopium

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

Featured Posts