September 19, 2020

Development Application for Nightcap Village Refused

Tweed Shire Council voted on September 17, 2020, to reject a request for permission to upgrade road access to a proposed land-share development of 867 dwellings on three properties at Mt Burrell, NSW. It was resolved not to grant consent for any works within the Council owned road reserve. 

Council also resolved that no further application by Nightcap Rural Land-sharing Communities for development approval would be permitted.

Each dot on the concept plan represents a proposed residence. The developers have been marketing the venture under various names since 2014. The prospective land-share venture is currently advertised as "Nightcap on Minjungbal" and "Nightcap Village" or "Nightcap Rural Land-sharing Communities"

The request by Nightcap Rural Land-sharing Communities was only for Stage 1 of the prospective development, to upgrade access from Kyogle Road tnine proposed "Rural Land Sharing Communities" with 393 proposed dwellingsTwo more access roads were planned, with further associated road works, earthworks and vegetation removal over 11 stages.

Tweed Council's discussion of the request was confidential and video and phone links to the meeting were cut off. Minutes of the vote remain confidential and the outcome has not yet been made public.

 Click HERE to read Tweed Shire Council Report

Potential investors are offered title to "Pre-DA Dwelling Sites" under false assurance that limited development approval has already been granted and will soon be extended.

In a June 2020 Nightcap newsletter  Richard Moate wrote:

"Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1million dollars was spent on the DA submission of last month, taking the project to over 850 spots."

Concept Plan for Nightcap Village


September 04, 2020

Living in a Nightmare

Local legend says that after a brutal massacre by whitefella, Aborigines sang curses into land where Peter van Lieshout, brother of A-Mart billionaire John van Lieshout, has been trying unsuccessfully to build a "Village Community" for the last thirteen years.

Now linked in the proposed "Nightcap Village" development is a neighbouring property where more than twenty trusting investors provided over $2 million for purchase of properties in 2014-16, without receiving consideration or restitutionFor those who lost life-savings in the venture, the hurt and harm is curse enough to add flame to legend.

Mingungbal elders selling tribal title
Mingungbal elders occupy 3222 Kyogle Rd, Mt Burrell
Marketing materials for Nightcap Village promote a "new paradigm" that returns "sacred land" to "sacred" aborigines, who are occupying the Mt Burrell properties and claim to be "true owners".

Sharing a local brew as they dream about a safe haven from the madness of the matrix, prospective new investors are welcomed by Minjungbal elders and offered share certificates with "tribal title" to a block of land, for just a small deposit of $100,000. "Vendor finance" for the next seven years is available.

"Tribal title" on sale
Prospective investors are given a tour and enjoy scenic vistas as they are encouraged to imagine their dreams come true in a secret sacred Eden.

Promotors of the communitarian venture don't mention ongoing litigation by creditors claiming land title is void.

Hopeful, enthusiastic new buyers hear nothing about the nightmares and hidden curses afflicting earlier investors: the suppressed stories of bank accounts drained empty, hopes turned to ashes and dreams that became dust after the bait was bitten. 

Mark McMurtrie, Richard Moate market tribal title
In response to concerns that the original investors got shafted, potential new funders are assured that angry creditors have been "taken care of": their money was returned, or they will get a payment soon, or they don't want their life savings back, or they are just barking mad and like to fight.

A few of the early investors who are "accepted" have been invited to return in 2020, to occupy a "dwelling site". Others still trust promises of restitution, hoping to receive a patch of land to live on, or a payout in compensation for their loss. Concerned investors who from the outset insisted on accountability were "rejected" and evicted from the properties they had paid for.

Max Igan promotes Nightcap

Trauma and conflict still haunt investors who poured their hearts and funds into the land-share venture and lost everything. Most have given up hope of any restitution. Those seeking vindication through legal process have been threatened with retaliation for "holding up the project".

"Living in a Nightmare" was the apt title of a news report in the local Tweed Coast News in 2017, featuring Sarah and Tamati Kirkwood who promoted the venture in 2014-15. They are just one of the families who invested life savings in this venture and received nothing in exchange except betrayal, loss and intimidation.

Tweed Daily News: "Living in a Nightmare"

September 03, 2020

Nightcap on Minjungbal marketing "Sacred Land"

Nightcap Village is offering a special deal on "Sacred". Dwelling sites on Mt Burrell properties are marketed with a new website by "sacred people" offering "sacred solutions for these sacred times" on "sacred land".

For those who were lured into the incipient venture from 2014-2017, this supposed sacred land has certainly left many people running scared. 

A promotional video published online by Nightcap Realty is selling a lifestyle dream with a social justice vision and a reverential greeting, "Welcome to Country!"

Sacred Aborigines from the Minjungbal tribe now occupy property at 3222 Kyogle Rd, Mt Burrell.

Even before receiving development approval, Nightcap Realty is selling a total of 867 dwelling sites in the prospective Village Community, also called "Nightcap on Minjungbal," in collaboration with the aboriginal Minjungbal tribe. 

No DA application for Nightcap on Minjungbal has yet been accepted by Tweed Shire Council Nightcap Village as compliant, yet Nightcap marketing information 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."
Blocks are offered at $295,000 each with "Tribal Title" and special discounts. Each dot on the concept plan represents a proposed residence.

Nightcap Village Concept Plan

Nightcap Village Concept Plan, 2019

Nightcap Realty Promotional Video

In June 2020, Nightcap Realty distributed a video presented by Mark McMurtrie (Gunham Badi) and marketing manager Richard MoateThey have been adopted into a Minjungbal Tribe that claims an original inheritance of land from early inhabitants of the Tweed Valley.

"It's available to everyone within price point."

The promotional video says the Minjungbal Tribe are happy with the land-share scheme, and want the 3,500 acre venture to be a staging point for expansion in the rest of the country. They propose that the tribal venture should be recognised as an Aboriginal Sovereign Nation and extended across Australia.

Nightcap Realty Promotional Video, June 2020

"Part of living here is.. you buy in, you buy a block"
"Part of living here is.. you buy in, you buy a block"

Tribal Title on Sale

Promotors elevate the potentially lucrative venture to presumed higher virtues: communitarian wealth-sharing, and the proposed return of "Country" to Aborigines, based on a belief that they should be recognised as the "true owners" of all Australian territory. 

Mark McMurtrie claims tribal ownership of Mt Burrell properties

The supposed indigenous autonomous zone appears similar in concept to the 6-block land-grab called Chapel Hill Autonomous Zone, "CHAZ" that morphed into "CHOP" before it was removed in July 2020 from downtown Seattle, USA.

In the Nightcap Realty promotional video, it is proposed that "within price point" investors of any nationality could buy into the Sovereign Minjungbal Nation, become "Community Members" and receive dual citizenship.

Nightcap Village Community Rules establishing enforceable private laws, and guidelines providing protocols for submissive deference to Aborigines are included in the marketing package.

A sacred Minjungbal Elder is introduced to new investors by Richard Moate

No compliant development application has been submitted to Tweed Shire Council since the venture began in 2014, even so, a Nightcap Village Newsletter published in June 2020 by Richard Moate, assures investors that approval already exists:

"As we approach the end of another financial year and are witnessing the unprecedented changes to our world, the Nightcap Village on Minjungbal continues to buck the trend with its ground-breaking collaboration with the Elders of this sacred space. 

Enormous gratitude and thanks to Gunham Badi Jakamarra of the Original Sovereign Tribal Federation and the Minjungbal Elders particularly Uncle Arty and Uncles Dean, Mark, Scotty & Jonno (amongst others) for sharing so much knowledge and wisdom throughout the journey. For the development team to be working alongside such learned individuals in ensuring that the land, the law, the sacred sites and the true owners are honoured and respected, is truly a privilege.

Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1million dollars was spent on the DA submission of last month, taking the project to over 850 spots.

The team are now also extremely proud to announce the successful purchase on Friday of last week of a parcel of land of over 650 acres, further strengthening the future points of access for the Original owners and the community. Needless to say, there was some celebrating to be had both on Country and by members of our community around the world.

We have some exciting works in the pipeline, including not only one documentary already in production, but also the (long awaited) virtual tour of the land and our new and improved website.

We’ve attached a few images taken over the weekend for those of you yet to see the land. If you like our vision and haven’t already, please complete and return your questionnaire to so we can get to know each other. We hope to meet many more of you on Country next time."

"The Minjungbal people are happy..."

August 31, 2020

Pete Evans Sells Off-Matrix Nightcap Experience

Pete Evans is hooked.

Celebrity chef Pete Evans 
says he's "Fkn IN!" 
is keen to put up his hand to market his off-matrix tribal experience: "Paleo Pete has joined an off-grid bush "tribe" living in an idyllic new development about an hour from the famous tourist mecca, Byron Bay..." according to news reports.

Sounds like a dream come true, but not far beneath the veil lurks a simmering anger and stories of discontented creditors whose ongoing nightmares are hard to suppress. 

Pete Evans announced on Instagram details of his new life with the off-matrix "Byron Tribal Community". He didn't mention any of the families who lost life savings following the same dream during the last five years, or the ongoing litigation by investors who lost everything when marketing representations were not fulfilled. 

He doesn't seem to notice that no compliant development application has been made to Tweed Council since the venture began in 2014.

Having signed a contract with the inner circle to become a "Nightcap on Minjungbal Community Member" the popular chef is now inviting his social media followers to dream of a new lifestyle. 

Any cashed-up young families looking for a life-change?

August 29, 2020

Pete Evans' New Life

The Courier Mail, Aug 31, 202 

Celebrity Chef Pete Evans has announced his new life in the off-matrix "Byron Tribal Community" that he has bought into.  

He doesn't mention the families who lost life savings following the same dream.

He doesn't seem to notice that no compliant development application has been made to Tweed Council since the venture began in 2014.

He doesn't mention the ongoing litigation by investors who lost everything when marketing representations were not fulfilled.


Read more about Pete Evans' Tribal Community deal:

August 26, 2020

Legal Injustice

By Gi Linda -
SLAPPs -- Strategic Lawsuits Against Public Participation

It is my observation that defamation claims made against the Nimbin GoodTimes and myself in 2017, and still continuing in 2020 with contempt charges against me, are an abuse of legal process known as a “SLAPP”

In 1984, George W. Pring and Penelope Canan studied "SLAPPs", “Strategic Lawsuits Against Public Participation” at the University of Denver. They found that SLAPPs undermine the right to free speech by setting up an unfair Goliath v David battle between private and public interests, in which an overwhelming threat of litigation is used maliciously to silence critics and prevent free speech on issues of public concern.

Political activists and environmental defenders, civic and social organizations and public interest groups are often “slapped” with malice to prevent them exposing vested economic interests that trample pubic concerns. 

In SLAPP suitswhere legitimate dissent obstructs a litigant’s lust for profit, plaintiffs improperly use the courts to bulldoze private interests over public concerns by intimidation.

Fear alone is usually enough to force acquiescence to the litigant’s agenda of injustice. In most cases power and profit defeat truth and justice, without ever going to trial. 

One Judge has described SLAPPs as: “suits without substantial merit, brought by private interests to stop citizens exercising political rights or punish them for having done so.” 

I was targeted in 2017 with costly, traumatising litigation threatening damages and costs of millions, as the plaintiffs flaunted their presumption that the courts would favour the more profitable. This abuse of legal process was clearly intended to intimidate and also to discourage similar attempts by others to expose an alleged land-share fraud. 

The defamation claim was brought against me for publishing details of loss of my inheritance in the plaintiffs' land-share venture. It was heard in NSW Supreme Court for six days in August - October 2019.

After reserving judgement for six months, in April 2020, Judge Fagan ruled against me, deciding that the plaintiffs' failure to fulfil marketing representations was a consequence of incompetence, not fraud, as I had alleged.

I was ordered to pay $400,000 damages plus legal costs, about $1 million. 

Permanent injunctions followed to protect the plaintiffs from repetition of defamatory imputations of dishonourable conduct.

When I continued to publish information about the expansion of the land-share scheme and my ongoing quest for justice, the plaintiffs brought another SLAPP action against me with charges of contempt of court.

They request that the alleged contempt is deemed contumacious - which makes it a criminal offence, punishable by imprisonment.

In response to the claim, I have initiated an application to move the controversy to the High Court because of constitutional matters involved in the suppression of discussion about issues of public concern, including the current sale of "tribal title" to properties that were paid for by myself and others, with no consideration in return.

Even stone-slinging shepherds and disenfranchised investors have a natural right to justice and the ability to bite-back with truth. 

The power of Goliath in this case was the plaintiffs' assumed right to profit from sale of home-sites located on land where multiple occupancy dwelling is not a permitted use of the land, and their assumed right to use the power of the courts to intimidate investors who were disenfranchised without restitution.

The SLAPPs study shows that those filing malicious defamation claims presumed the courts would favour the private economic interests of the prosperous over the public concerns of the impecunious: 

"The idea is that because a business has money at stake, business should receive priority over civic, communal opposition.” 

Research by the Political Litigation Project at the University of Denver reveals how SLAPPs are used as an effective bludgeon to traumatize and silence opponents by causing an intimidating fear of crippling costs, damages and loss of reputation.

The best known SLAPP was the "mad-cow case" when television talk-show host Oprah Winfrey was accused of violating "veggie-libel laws" that give foods legal rights against defamation. 

Following an April 1996 Oprah show discussing the dangers of mad cow disease, cattle ranchers blamed Oprah for sending the beef market into a spin.

The US National Cattlemen's Beef Association charged Oprah Winfrey, her production company and her guest, a Humane Society official, with defaming beef, claiming more than $12 million in damages.

Oprah won the suit  saying, "Free speech is not only alive, it rocks...I refuse to be muzzled!"

"I refuse to be muzzled!"

July 26, 2020

Free Speech - Denied!

In response to a request by lawyer Billy Fitzgerald, Rose Litigation, who represents the sovereignty activists featured in the book "Nightmare on Minjugbal," Google Corp has summarily removed most of the posts on this blog.

The posts have been censored because they supposedly violate injunctions imposed by NSW Supreme Court on the co-author and editor, Gi Linda, who is prohibited from imputing fraud to Billy Fitzgerald's clients.

The injunctions are based on Judge Fagan's 2019 decision that although more than 20 investors lost life savings when they paid purchase money for land in 2014-16, but received nothing in return, this cannot be described as a "scam" because the failure to fulfil marketing representations is mere incompetence, and does not involve deception or fraud by Mr Fitzgerald's clients.

The demand that nothing further may be said on the matter assists Mr Fitzgerald's clients to induct new investors into the project, by denying the trail of broken dreams and shattered lives, and the trials in Kangaroo courts where false narratives perpetuate injustice and impecunious victims have no recourse to vindication. 

Since the Supreme Court judgement, Mr Fitzgerald's clients have expanded the venture and renamed it "Nightcap on Minjungbal". They are now selling 867 dwelling sites without development approval, and offering new investors "tribal title" to "pre-DA" blocks on the contested property, starting at $295,000 each.

The legal gag on freedom of political discussion about this matter of public interest is contested by Gi Linda in a Notice of a Constitutional Matter requesting transfer of ongoing litigation to the High Court. 

Posts informing more details have been suppressed by Google Corp at Billy Fitzgerald's request.

July 25, 2020

Nightmare on Minjungbal

Nightmare on Minjungbal mirrors Nightcap Nightmare Blog, revealing the truth about an Australian land-share community. The "off-matrix experience" is run by sovereignty activists selling "Tribal Title" to dwelling sites without development approval.

The prospective land-share project began in 2014, under the auspices of Truthology and Freedom Summits as an intentional community called "Bhula Bhula Village Community" now renamed "Nightcap Village" and marketed as "Nightcap on Minjungbal"

Bhula Bhula, 2015

Between 2015-17, more than twenty families who provided purchase money for land lost their life savings, totalling over $2 million, when sovereignty activists linked with the aboriginal Minjungbal tribe seized control of the land-share venture, with significant impact also on local residents.

The book, Nightcap Nightmare, tells how the sovereignty activists forced investors off the properties they had purchased, then made shareholder deals with neighbouring landowner Peter van Lieshout, brother of billionaire developer John van Lieshout, before revealing intent to extend Aboriginal Sovereignty claims across the nation

July 24, 2020

Dancing on a Tilted Stage

By Gi Linda -

It is my experience that false narratives established errors of fact before Qld Federal Court and NSW Supreme Court of Defamation in 2019, resulting in misapplication of law and imposition of gag orders. 

Presumption that the courts have fully decided the matter and nothing further may be said is not only an egregious attempt to suppress truth, but is also
 an abuse of legal process that denies justice. 
This interferes with the true exercise of justice and advances dominant commercial interests under colour of law by constraining legitimate freedom of discussion on matters of public concern.

If dominant political and financial interests are also allowed to profit with impunity by summary imposition of draconian censorship by Google Corp based on misapplication of law, the abuse of due process could effectively subvert Constitutional protections over the rights of citizens to public discourse.

July 20, 2020

Contumacious Contempt of Court

Con•tu•ma•cious: Obstinately disobedient or rebellious; insubordinate; resisting legitimate authority. Specifically in law, wilfully disobedient to a lawful order of a judicial or legislative body, or showing wilful contempt of its authority.

By Gi Linda

Eager to sell prior to development approval, a new video marketing 867 prospective dwelling sites with "tribal title" at Nightcap Village has been released online, further promoting a false narrative that has been endorsed for over three years by four decisions in Kangaroo Courts in favour of the dominant commercial interest.

On a fanciful level playing field where lawyers are not paid agents of deception, where all lives mattered and all voices were heard, truth would be upheld and justice would be done, with fairness to impecunious victims.

Dancing on a tilted stage where justice follows the money, my personal experience has been a shocking eye-opener, to say the least!

On July 17, I was informed by email from Rose Litigation that their clients, two plaintiffs who brought defamation charges against me in NSW Supreme Court in 2017, have now filed charges of contumacious contempt of court because I continue to denounce their false narrative as snake oil.

The defamation case was filed in 2017, after I published information about a land-share scheme at Mt Burrell in which I and other investors lost our life-savings during 2014-2016.

During 2017, under adjudication of Justice Lucy McCallum, two applications by the plaintiffs for urgent interlocutory injunctions failed to suppress publication of allegations of fraud.

Lawful Injustice

Two years after the defamation case began, a 6-day trial in August - October 2019 was heard in two parts by Fagan J, who reserved judgement for six months before deciding in favour of the plaintiffs. 

During the trial I presented evidence, based on my personal experience and the evidence of other investors, that the plaintiffs offered sale of dwelling sites without development approval, taking money from people and giving nothing in return. 

The Judge decided that this represents incompetence, not fraud. I was ordered to pay damages of $400,000 and the plaintiffs' legal costs estimated about $1 million. 

In May 2020, injunctive orders were made restraining me from publishing my opinion that since 2015 the conduct of the two plaintiffs has been highly dishonest and dishonourable. 

At the same time, one of the blogs was hacked. Defamatory imputations were posted and falsely blamed on me. Numerous websites were published anonymously using metatags related to Nightcap Village, but with garbled content, and wrongly attributed to me. 

The plaintiffs used the orders to induce Google Corp to remove blogs documenting events of the last four years that involve the land-share scheme.

Lawful Injustice - Blog removed by Google Corp in 2020

But the plaintiffs are not satisfied with abusing legal process to achieve a gag on legitimate discussion of matters of public interest. 

Since 2017, they have published several websites making vicious ad hominem attacks against me and other investors who also claim to have been defrauded and who continue to seek justice. Similar slanderous attacks are repeated in Nightcap Village newsletters published by the plaintiffs, and promotional videos featuring "celebrity" associates Tyler Tolman and Max Igan.

The plaintiffs now claim that a book in progress that I co-author and edit, currently published in blog form at the domain, violates the injunctions. 

The contempt claim surmises that dishonour is imputed to the anonymous second plaintiff. In our book he is called "Mr X"

Hiding behind a screen of anonymity since 2014, using only initials for identification, Mr X has appeared at public events and in marketing videos selling dwelling sites without development approval. It may seem incongruous that from 2017-2019, he insisted before the Court that he had no significant role in the venture, except for support in an "IT capacity" and as a bankrupt shareholder in Nightcap Village. 

Mr X currently introduces himself to potential new funders as the "project director". His contempt charge complains that although in the blog-book "Nightmare on Minjungbal" his real name is withheld, with a little research readers can discover his identity. 

Defining the supposed contempt as "contumacious" makes it in effect a criminal offence, punishable by fines and imprisonment. A hearing date set for July 24 does not provide reasonable time to prepare a defence.

My request for reasonable time to prepare a response to their request for my imprisonment, was refused by the plaintiffs. 

Nightmare on Minjungbal

"Nightmare on Minjungbal" is a a book in progress; a compilation in blog form of accounts by several authors, revealing how "Dreams turn to nightmares when Sovereignty Activists seize a land-share venture, with a battle for justice fought on the tilted stages of Kangaroo Courts"

"Nightmare on Minjungbal" reveals how investors lost life-savings in the land-share scheme that began in 2015 as "Bhula Bhula Village Community" and is now called "Nightcap Village," or "Nightcap on Minjungbal"

Nightmare on Minjungbal

I am one of 20 investors who provided in total over $2 million to purchase two properties at Mt Burrell in 2014-15. We were promised dwelling sites with co-ownership of land in exchange. The marketing representations were not fulfilled, and our dreams soon turned to living nightmares that still continue. 

Notice of Constitutional Matter

I contend that the claim of "contumacious contempt of court" is part of a "SLAPP" action. "Strategic Litigation Against Public Participation" is a corruption of legal process typically used by a bullying party to discredit and harass opponents, and to silence the legitimate dissent of victims.

Free Sprrech *Conditions Apply

In response to the contempt charges, I have requested a 28 day adjournment to prepare a defence and cross-claim. A process has been initiated to move this case and other related litigation for adjudication before the High Court of Australia.

Constitutional matters are involved, with suppression of  freedom of discussion on matters of public concern involving the marketing of "tribal title" to dwelling sites prior to development approval, on properties that were paid for by investors who received total failure of consideration in exchange for their funds. 

In this case, it is my experience that false narratives established errors of fact before NSW Supreme Court of Defamation, resulting in misapplication of law and imposition of gag orders. This interferes with the true exercise of justice and advances dominant commercial interests under colour of law by constraining legitimate freedom of discussion on matters of public concern.

Marketing Hopium

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

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