December 16, 2022

Nightcap - Naughty or Nice: Special Christmas Edition

Successful property developer and A-Mart founder John Van Lieshout became Queensland's top billionaire. In 2008, his brother, Peter van Lieshout, had an even bigger vision - he wanted to build a "village community" on his 3,500 acre property at Mt Burrell. His wife was Tweed Mayor at the time, and council approval looked like a shoe-in with councillors greedy for a slice of the pie, as featured on the cover of the local Echo newspaper's "Naughty or Nice?" 

Nice and not-so-nice neighbours objected loudly to the prospect of such an expansive intrusion into the seclusion of the environmentally protected Tweed Valley. They were over-ruled. Development consent was granted and Peter van Lieshout commenced construction by impaling a few stumpy pegs to mark the auspicious spot. By 2009, he was hobbled by tax debts and unable to provide required infrastructure for his proposed "Nightcapers." The idea died on the vine.

Twelve years later, in 2021, locals and environmental defenders once again rose up in opposition to a new plan by Peter van Lieshout, who attempted to revive the Nightcap venture through shareholder agreements with the pioneers of a neighbouring venture and their celebrity promotors who have been selling residential lots without development approval from 2014 until the present, 2022. 

The neighbouring venture began in 2014 under the name "Truthology," with promotor Mark Darwin marketing the meme "Together in Harmony." The proposed "Bhula Bhula Intentional Community" quickly proved to be toxic snake oil ending for investors in unfulfilled demands for restitution of lost life savings, five years of litigation in Kangaroo Courts, trauma, heartbreak and bitter conflict that by the end of 2022 is still unresolved.

Landowner Peter van Lieshout hopped in the cot with the Bhula Bhula boys as an increasing number of angry creditors sought restitution. Truthology disappeared and Bhula Bhula Intentional Community morphed into Mt Warning Eco Village. When mountains of warning by gutted investors exposed the mendacity of the promotors, the venture was renamed Nightcap Village, then Earth-Haven, and is now called Nightcap on Mingungbal, "the world's largest holistic village"

By 2022, despite rejection of development approval, the Nightcap website invites potential residents: 
"The Nightcap Village development is currently opening its doors to future residents, who can now apply to join the Community and Company as members".

Fronted by psuedo-aboriginals through a company called Yidaki, the developers/visionaries are selling supposed "tribal title" to residential lots without development consent. On their website they promise:
"This Project is the first of many such YIDAKI communities set for development and expansion around Australia and to be built on tribal lands in partnership with local tribes. By supporting this development and the developer’s vision, you are also helping to advance the alternative way of life for many others that share our tribal views and who want a way out of the system."

Funds are solicited on Nightcap's website with offers of 2.47 acres of land for $355,000:

In response to any concerns by buyers about the allegations of deception, fraud, and the long trail of disenchanted victims who complain they have lost money in the venture since 2014, prospective new residents are stroked by Nightcap "visionaries" with false assurance that clamouring creditors have been refunded.

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 the properties they had paid for, were further denied a voice of reclamation.

December 08, 2022

Nightcap Phoenix Rises Again in Qld Federal Court

During the winding up of the company Wollumbin Horizons in Qld Federal Court, Vincent's liquidator Steven Staatz watched the phoenix fly when he sold the contested property to Nightcap's NCV Enterprises for $2 million.

The contested property at 3222 Kyogle Road, Mount Burrell, was sold by the liquidator in 2020, but most of the 37 claimants heard nothing until, more than two years later in November 2022, we were served with an interlocutory application filed by the liquidator in Qld Federal Court.

Steven Staatz is seeking orders for payment from the proceeds of sale of the land to himself first, in priority to supposed beneficiaries. If his application is approved by the Court, the proceeds from sale of the property and interest gained, as Staatz sat on the funds for more than two years, will be almost entirely disbursed to the liquidator and the lawyers. 

December 05, 2022

Nightcap Village Appeals Denial of Development Approval

Lawyers have advised neighbours and other interested parties that an appeal has been filed in the Land and Environment Court by Nightcap Village, against the Regional Planning Panel's refusal of development application:

NCV Enterprises Pty Ltd v Tweed Shire Council  
Matter No: 2022/00242095
Development Application DA21/0010 (DA)

The appeal was filed by NCV Enterprises on behalf of the landowners and applicants who made the development application: Peter Van Lieshout, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd. 

Since the venture began in 2014, DA consent has been refused three times by Tweed Shire Council and finally also by the Northern Regional Planning Panel on 18 August 2021 due to "failure of permissibility".

The rejected DA seeks consent for a concept proposal comprising a staged rural land sharing community and associated works over 24 lots and Stage 1 civil infrastructure works to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots.

Despite refusal of development consent, promotors of the prospective Nightcap land-share development have been selling "Pre-DA Dwelling Sites" for more than eight years under various names, without fulfilment of marketing representations, resulting in 37 creditors currently seeking restitution in Qld Federal Court. 

Pursuant to s34 of the Land and Environment Court Act 1979, Nightcap's application to contest Tweed Council's refusal to grant DA consent is listed for a confidential onsite conciliation conference at 322 Kyogle Rd, Mt Burrell, NSW, on 9 and 10 February 2023.

                                                       Read more:
Nightcap Village is an idyllic dream for celebrity chef Pete Evans and other vendors of hopium who are selling residential lots in a proposed Tweed Valley land-share community... but for disenfranchised creditors left destitute by deception and betrayal, the venture is an ongoing nightmare!

Letter to Residents from Sparke Helmore, Lawyers for Tweed Shire Council

December 03, 2022

Truth Will Prevail

“What is morally wrong can never be advantageous, even when it enables you to make some gain that you believe to be to your advantage. The mere act of believing that some wrongful course of action constitutes an advantage is pernicious.”
Marcus Tullius Cicero



Unjust Enrichment

The partridge utters her voice, 
she gathers eggs which she did not lay; 
so is a man gaining his wealth unjustly; 
in the midst of his days his riches shall leave him, 
and at his latter end he will be a fool.

December 02, 2022

A Current Affair Exposé of Nightcap Village

Channel 9's 'A Current Affair' investigates an infamous Australian celebrity chef, Pete Evans, as he spruiks the sale of "tribal title" to residential lots with "pre-development approval" in Nightcap Village development.

September 17, 2021

Contempt Sentencing - Nightcap Nightmare Blog

On 17 September 2021, the publisher of Nightcap Nightmare Blog was sentenced in NSW Supreme Court to prison for two weeks and a fine of $20,000, suspended on condition of good behaviour for two years, with legal costs in addition. Judge Sackar said he was imposing the severe judgement as a "real deterrent" because he considers the offending information "an affront to the Court".

I’m Gillian Linda Norman, known as Gi Linda, using screen-name “Free Radical”. I publish Nightcap Nightmare Blog together with a group of creditors. I have just received sentencing for contempt of court, with a tightening gag.

For the last four years, I have been on trial in NSW Supreme Court on charges of defamation and contempt of court, accused of imputing deception, fraud and bullying to the plaintiffs, kingpins in Nightcap Village, a prospective land-share venture at Mt Burrell, NSW.

September 16, 2021

Nightcap Nightmare Blog - Contempt of Court

Sentencing in NSW Supreme Court by Judge Sackar to decide the severity of punishment to be inflicted on Nightcap Nightmare Blog publisher, Gi Linda, for Contempt of Court, is listed for Friday, September 17, at 2pm. (Brennock v Norman [2021] NSWSC 716)

September 06, 2021

Nightcap Dreamers or Deceivers?

Nightcap Village is an idyllic dream for celebrity chef Pete Evans and other vendors of hopium who are selling residential lots in a proposed Tweed Valley land-share community... but for disenfranchised creditors left destitute by deception and betrayal, the venture is an ongoing nightmare!

Nightcap promotor Pete Evans, selling residential lots without  DA

Nightcap Development Application Refused... Again!

By 2016, more than twenty investors had provided over $2 million for purchase of property, paid to the trust account of the conveyancer, Mullumbimby lawyer Wroth Wall, without receiving the shared ownership of land and residential lots that had been promised. 

Promotors selling residential lots had silenced warnings that multiple occupancy was not a permissible use of the advertised properties, as potential investors were told that development consent already existed, was assured, or would soon be approved.

Although the land-share venture began in 2014, no concept plan was filed with Tweed Shire Council until 2019. Between 2019-2021, Nightcap's DA application was rejected three times by Tweed Shire Council and referred to the Northern Regional Planning Panel (NRPP).

The  current DA application, (DA21/0010), is for a "Concept Staged Development Application to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots" 

The applicants / land owners involved are: Peter Van Lieshout, NCV Enterprises Pty Ltd, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd. 

On 18 August 2021, the DA was rejected by the Northern Regional Planning Panel (NRPP) due to failure of permissibility.

Nightcap proposed concept

The panel determined to refuse the development application pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979.

The NRPP has published reasons for unanimously refusing the Nightcap Village development application:

Native Title 

Mingungbal squatters claim they are "true owners" of "Native Title"

The properties at 3220-3222 Kyogle Rd, Mt Burrell, that were purchased using original investors' trust funds without consideration, have been occupied since 2017 by Aboriginal rights activist Mark McMurtrie, self-identified as Gunham Badi Jakamarra.

Mark McMurtrie claims that "Native Title" to the estate has been gifted to a tribe of Mingungbal Islanders, who are now the "true owners". He falsely claims the venture was granted development consent in 2019 by NSW government as a "State Priority Project".

Litigation by angry creditors is ongoing, as residential lots and other interests in land continue to be sold without fulfilment of representations. 

Nightcap Update Newsletter 

In a Nightcap Update Newsletter on 19 August 2021, finance broker Derek Zillman said their little local shop is now selling pretty coloured things and the anonymous development team, not at all deterred by their fourth DA rejection, is ready for a fight! 

Zillman promises investors who have purchased residential lots and other interests in the property that the prospective developers intend to appeal the NRPP decision in the Land and Environment Court, in hope that this "world leading" land-share venture would not be lost. 

Derek Zillman, a major shareholder in NCV Enterprises, fails to mention that from 2016-2018, Tweed Shire Council fought the developers over their failure to respect development regulations. Council won in the Land and Environment Court, forcing investors, who had been encouraged by promotors to build unapproved residences on the property, to dismantle their dream homes.

Unauthorised dream homes removed by Court order in 2018

August 26, 2021

Nightcap Nightmare Editor’s Note

“Sorry Puppy,” commenting on an apology on 11 August to NSW Supreme Court, for posting information deemed by the Court to carry forbidden imputations in breach of protective injunctions, has been removed pending sentencing of Gi Linda, publisher by Nightcap Nightmare Blog, for contempt of Court.

Contumacious Contempt?

According to the claimants in the contempt matter, continued publication of anything related to Nightcap Village prospective land-share venture by Nightcap Nightmare Blog is in breach of injunctions, and so is criminally contumacious, carrying a severe penalty of incarceration: (Brennock v Norman [2021] NSWSC 716).

The editor, authors and publisher of this Blog  remain committed to suppressing information that could impute serious crime to the claimants.

July 15, 2021

Ray Hadley - Radio 2GB Nightcap Warnings

‘Steer clear’: Investors warned off commune promoted by Pete Evans

Investors are being warned to steer clear of a community development promoted by celebrity Pete Evans in NSW’s Byron Hinterlands.

The development, originally called Bhula Bhula, had already wasted millions of investment money when its property developer went bankrupt two years ago. But now that same developer is back, has repackaged the land and called it “Nightcap”, and has enlisted Pete Evans to spruik the investment.

A Current Affair reporter Steve Marshall told Ray Hadley people’s lives had already been ruined by the development: 

“Imagine you put money into a company to buy shares in a plot of land in Tweed Valley... Problem is, people have paid their life savings … into a company to get a share of this beautiful land, and what do you know? The company goes belly up – the money disappears. Then, a few years later, the very same land they’ve paid for, is now up for sale again, as part of a bigger communal living arrangement being marketed by a bankrupt developer.”

July 12, 2021

Contempt Hearing Listed

A hearing to determine severity of punishment for contempt of Court regarding publications about Nightcap Village land-share venture has been listed in NSW Supreme Court for August 11. (Brennock v Norman 2017/00081825).

Following judgement in his favour, Nightcap's Adrian Brennock is requesting punishment by imprisonment for breach of injunctions prohibiting publication of facts imputing fraud and deceptive marketing to him in Nightcap Nightmare Blog.

Read more:

Supreme Court Hearing: Nightcap Nightmare

Contumacious Contempt of Court

July 01, 2021

Tweed Council Refuses Nightcap DA

Tweed Shire Council voted to reject an application by Nightcap Village Enterprises for approval to initiate the first stage of a prospective development involving multiple rural land sharing communities.

A report before Council recommended that the application be refused, because of significant adverse social and environmental impacts. 

An earlier Nightcap DA application was refused by Council on September 17, 2020, and an LEP determined that no further land sharing developments would be approved in the Tweed Valley. Even so, the developers filed a second DA application in January 2021, that, in stage 1, seeks approval for the upgrade of an existing private road with vegetation removal and construction of a site office and storage area. See Nightcap Village Concept Plan.

Councillors voted unanimously to refer the DA application to the Northern Regional Planning Panel. 

Mayor Chris Cherry said that the Nightcap concept, which proposes an intentional community with 392 owners separately responsible, is not an appropriate development for that site, and failed to meet the requirements of both Council and the NRPP

She said that if the Northern Regional Planning Panel decides the application does not fall within their jurisdiction, the application will return to Council for a decision and will be "refused on merit".
Development Application for Nightcap Village Refused

Nightcap Village Prohibited by Tweed Shire Council Standards

Daily Telegraph10 reasons why Pete Evans’ Nightcap Village is ‘prohibited'.

Promoted by celebrity chef Pete Evans, a proposed development that offers pre-DA "residential lots" in Nightcap Village, will go before Tweed Shire Council's planning panel today, July 1, seeking approval for Stage 1 road works and infrastructure. 

The recommendation comes just weeks after the project was found to be overvalued by $15 million. The application was initially costed at $37 million, but after Council removed unnecessary components the proposed capital investment was reduced to $21.9 million.

According to a report before Council, the application is prohibited by their standards and should be refused for ten reasons, including undue environmental harm and breach of maximum population density.

The Daily Telegraph reports:

"The controversial Nightcap Village is “prohibited” by Tweed Shire Council’s standards, according to a report to be tabled this week. It is expected the development application will be referred back to the Northern Regional Planning Panel for determination due its complexity, as recommended by council officers.

The application is for a Rural Land Sharing Community and associated works over 21 lots which are to be subdivided into 11 lots, on an area of 1584.34 hectares which seeks approval for 392 dwelling plots over 10 lots to create 10 interconnected Rural Land Sharing Communities on Kyogle Road, Mount Burrell.

The council staff recommendation is for the development application to be referred for determination based on this assessment report to the Northern Regional Planning Panel. If the panel decides it is not the determining authority, then the council’s general manager is delegated authority to determine the development application."

Nightcap's Pete Evans boasts 7 million followers

June 23, 2021

Nightcap Associate Eamon Lowe Admits Attempt to Pervert Justice

Real estate agent fell under spell of drug kingpin

A Gold Coast real estate agent fell under the control of a multimillion dollar drug syndicate 

The Courier Mail reports that Nightcap Village associate Eamon Lowe "pleaded guilty in Southport District Court on Tuesday to attempting to pervert the course of justice"

Judge Kefford sentenced Lowe to 18 months imprisonment with parole for presenting falsified documents to the court

In July 2020, the 45-year-old Eamon Lowe had been charged in Southport Court with money laundering as part of a criminal syndicate operating an alleged cryptocurrency scam that had duped investors of over $3 million. 

Police alleged that the criminal syndicate posed as multiple cryptocurrency sales companies which appeared to be legitimate, including Exmount Holdings Group, the Quid Pro Quo Foundation, the Atlas Group, AFG Associates Pty Ltd, Tradex123, Exmounttrading, Atlasfxgroup and Amazonaus. 

The companies offered victims a trial investment, promising generous returns if they invested more, but when investors tried to withdraw their funds, the money wasn't there. 

Police said the alleged crypto scam was just the tip of a criminal iceberg.

Eamon Lowe and Nightcap Village

Eamon Lowe has collaborated with Nightcap Development Team since 2016. He is a real estate agent and executive consultant with Christy's Prestige that, together with Ray White Real Estate, allegedly phoenixed property at 3222 Kyogle Rd as part of a proposed Nightcap Village development. 

His wife, Mikala Lynell Lowe, is director of the company Nightcap Village Holdings. She advertises prospective residential lots in Nightcap Village for sale.

Nightcap Realty has offered crypto currency sales of prospective residential lots in Nightcap Village since 2018.

Marketing Hopium

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

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