Friday, 31 August 2018

The Rise of the Phoenix

"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."
Claudian, The Phoenix  (Roman poet, 4AD) 

 By Gi Linda -

According to legend heard at Heliopolis in Egypt, there exists a fabulous bird called the phoenix, like an eagle, with feathers of red and gold. When this bird's life draws to a close he builds a funeral pyre, commits himself to the flames and dies. Out of self-immolation a maggot emerges and a new phoenix appears on the fiery altar

In modern commerce the phoenix bird is an icon, inspiring businesses burned by debts to rise from the ashes of destruction and continue trading under a different name, leaving their creditors behind

Phoenixing is illegal, but that's not much of a deterrent, and it's become a booming business for delinquent company directors and their facilitators, insolvency liquidators, lawyers and judges.

As the Australian government promises to legislate new phoenix offenses to deter illegal phoenixing, a case now in Qld Federal Court is challenging alleged phoenix moves by Vincents liquidator Steven Staatz and company director Adrian Brennock, that involves 21 defrauded investors who paid more than $2 million as intended co-owners of property in a NSW community land-share venture.

The economic impact of illegal phoenix activity

An Australian Inter-Agency Phoenix Taskforce made up of 29 government agencies aims to reduce the impact of illegal phoenix activity. In July 2018, the Phoenix Taskforce published a report, The Economic Impacts of Potential Illegal Phoenix Activity, that defines as illegal phoenix activity the deliberate and systematic liquidation of a corporate trading entity which occurs with the intention to continue the operation and profit taking of the business through other trading entities, while avoiding liabilities:

"Phoenix companies arise from the ‘ashes’ of a collapse of a commercial entity, leaving behind a trail of avoided outstanding payments to tax authorities, creditors, businesses, customers and employees."

According to the report, the annual impact of illegal phoenix activity is now over $5 billion a year

Thirteen Commonwealth government agencies, including ASIC, the ATO and  Fair Work Ombudsman have powers to investigate and prosecute "phoenix activity" or "phoenixing". But usually they don't.

Australian courts have absolute authority to stop illegal phoenix activity and to impose penalties on delinquent directors and liquidators. But, usually they don't, as self-represented defrauded investors challenging Vincents' liquidator Steven Staatz discovered when a Brisbane Federal Court Judge refused to hear their evidence of phoenix activity, and slapped a suppression order on their request for justice.

Curbing the Flight of the Phoenix describes how phoenix moves are used by companies in insolvency to divest liabilities:

"Like the mythical bird that dies and then resurrects, phoenixing is the deliberate liquidation of a company to avoid paying tax, creditors or employees and then the ‘resurrection’ of the business through a different entity. It is illegal. The negative impact of insolvency is magnified by phoenixing, which enables a company that owes money to creditors and employees to restart without paying its debts.
 
"Regulators are aware of the problem. ASIC announced in September it will conduct surveillance of 1,400 target companies and approximately 2,500 individuals... Concurrently, the ATO announced it will investigate 2,000 property developers..."

Jotham Lian reports at accountantsdaily.com.au:

Suspected dodgy advisers, directors head to court after ATO swoop

"The Federal Court has commenced public examinations on entities connected to a dodgy pre-insolvency adviser, in a move welcomed as shining the light on illegal operators.

"ATO deputy commissioner Will Day has confirmed that more than 45 service providers, clients, employees, and alleged ‘dummy directors’ of phoenix companies connected to pre-insolvency adviser Philip Whiteman will be examined in the Federal Court on the grounds of suspected promotion and facilitation of phoenix activities and tax schemes."

Until now very little has curbed the rise of the phoenix as companies in default increasingly use liquidation as a means to divest liabilities.

Australian Restructuring Insolvency & Turnaround Association (ARITA) chief executive John Winter told Accountants Daily:

“These unregulated and almost-always unqualified advisers promote their wares to often unsuspecting people who are in financial distress, and what they offer them is generally illegal solutions...They are a scourge on the economy, ripping off creditors, employees and taking advantage of people at their weakest moments. The message needs to be sent to these so-called advisers and the directors who use them that they will be found out and prosecuted.”


The Flight of the Phoenix

By Gi Linda-

In Australian courts, news reports and blogs, victims of "Nightcap Nightmare" are warning that sovereignty activists Mark Darwin and Adrian Brennock are selling home sites with idyllic views of Mt Warning on environmentally protected property without development approval.

Victims of Nightcap Nightmare warn that "Freemen" Darwin and Brennock scammed them of life savings, inheritances and much goodwill, making false promises muscled by contrived urgency to induce payment of money into a dubious land-share venture cloaked as a visionary initiative managed by credible and trustworthy professionals.

Under a functional legal system, such dishonest scamsters would be stopped, but Nightcap Nightmare has confronted justice for more than three years in four jurisdictions: the Supreme Court, Federal Court, Magistrates Court and the Land and Environment Court. As "Freemen" they expect the courts to bow to them.

During 2014-15, Adrian Brennock and Mark Darwin solicited “interest” from investors at public events and secured finance without adequate contractual procedure.
Potential investors attracted by online marketing, public presentations and private meetings with Mark Darwin, were deceived by promises about legal advisers, legal structures and process, financial management, potential and permissible land use, property management and the status of development applications for land-share occupancy.

The required payment was $40,000 from mid 2014, then rose to $80,000 in February 2015 and increased to $120,000 by July 2015, with uncertain caps on the maximum number of intended participants.

During 2014-15, Investors provided $1,913,000 in purchase monies for Land, with additional loans and payments of superannuation. These purchase monies were not registered. Most were held on trust by “Community Lawyer” Wroth Wall, principal of Wall & Company Lawyers.

Thursday, 23 August 2018

The Crash of the Phoenix



Litigation related to evident "phoenix action" by NightCap Village has been ongoing in NSW Supreme Court and Brisbane Federal Court since 2017 by investors who lost life savings, inheritances and pension funds in mistaken trust of the controllers of the proposed land-share development that began in 2014-15 as "Bhula Bhula Village Community", became "Mt Warning Eco Village" and is now called "NightCap Village".







"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 Claudian, Roman poet, 4th century  




Sunday, 8 July 2018

NightCap Eco Village Nightmare

Local outrage re Nightcap Village in 2007.

Dreamweavers of deception spin webs of delusion, selling dreams of idyllic utopia. Poetic sophistry blended with snakeoil sets the snare. Trapped in a cave of shadows, it's hard to escape when the quest for restitution only leads to a tilted stage of injustice where the sword cuts both ways.

NightCap Eco Village, promoted by American health gurus, Don and Tyler Tolman, is a dream spun from deception, misleading investors to drain their bank accounts into a communitarian venture in northern New South Wales, Australia, that has already left a long trail of victims clamoring for restitution.

Litigation related to evident "Phoenix action" by NightCap Village has been ongoing in NSW Supreme Court and Brisbane Federal Court since 2017 by investors who lost life savings, inheritances and pension funds in mistaken trust of the controllers of the proposed land-share development that began in 2014-15 as "Bhula Bhula Village Community", and is now called  "NightCap Eco Village".

Friday, 22 June 2018

Don Tolman Promotes Aussie Scam

By Gi Linda.

Don Tolman promotes "Nightcap Eco Village"
Don Tolman promotes "Nightcap Eco Village"
New promises, old lies --- Buyer Beware!

American celebrity, Don Toman, and Bali-based health coach Tyler Tolman, were warned that many investors lost life savings in the land-share scam at Mt Burrell that they promote. They don't care!

The venture was first promoted and marketed with false representations by Mark Darwin and Adrian Brennock through "Truthology" and "Freedom Summits" in 2014-15.  

The same venture, with several name changes but still controlled by Adrian Brennock and Mark Darwin, is currently under litigation in Qld Federal Court and NSW Supreme Court.


Don Tolman promotes "Nightcap Eco Village"
Scorning the victims of the land-share scam, Tyler Tolman joined Darwin, Brennock and Dixon in 2016, promoting the venture and naming his favorite spot "Tolman Ridge"
 

Tyler and Don Tolman plant a tree on "Tolman Ridge"
Tyler and Don Tolman plant a tree on "Tolman Ridge"
Tyler Tolman visited the site of Nightcap Village with famous father, Don Tolman and planted an avocado  tree to stake their claim in the prospective community development.  

Images of the ceremonial tree planting were included in a NightCap Village promotional video published on Tyler's YouTube page, where he invites viewers to quickly grab a neighbourly home-site on "Tolman Ridge" for an investment of only $250,000.
 
Marketeers of the prospective "Nightcap Eco Village" boast the attractive lure was successful! They brag that they hooked 13 new sales of home-sites to eager fans of Tyler and Don Tolman, with more investors keen to stake a claim on "Tolman Ridge" next to the dream-homes of the esteemed American celebrities.


Monday, 18 June 2018

NightCap Village Land-Share Litigation

American Health Gurus, Tyler and Don Tolman, Sell an Aussie Land-Share Scam.

By Gi Linda.

Don Tolman Promotes NightCap Village

"NightCap Village" is a dream on sale; but unseen behind the scenes is a suppressed story of lies, deception, broken trust, shattered dreams and pilfered bank accounts. 

"NightCap Village" is a beautiful dream of a self-sustaining, idyllic land-share community located at Mt Burrell, NSW, Australia, initiated in 2014 and headed by Adrian Brennock and Mark Darwin with Phillip Dixon. 

Tyler Tolman joined in 2016 to promote the dream. Any assumption he was not informed that the venture had already left 28 angry investors bereft of life savings would be incorrect.

Peter van Lieshout
Land Owner Peter van Lieshout
"NightCap Village" was "Mount Warning Eco Village" in 2016-17, and before that the venture was called "Bhula Bhula Community Village" in 2014-16, until the dream shattered for investors who paid for the property that Don and Tyler Tolman now aspire to include, along with the adjoining property owned by Peter van Lieshout, in a communitarian venture described as the "biggest holistic village in the world".

 May 2018, Tyler Tolman released a new promotion video on YouTube, saying he renamed his favourite spot "Tolman Ridge," where he and Don Tolman hope to build their dream-homes with magnificent views of Sphinx Rock and Mt Warning.



Tyler Tolman and Adrian Brennock celebrate
Spruiking the opportunity to cosy-up and stake a claim next-door to Don and Tyler on Tolman Ridge for only $250,000, Tyler Tolman is currently holding webinars and public events in major Australian Cities, inviting investment in the venture with assurances that the project is green-lit by his celebrity father, Don Tolman.

Marketing videos featuring Don and Tyler Tolman show images of the disputed property currently under litigation, with the implication that the property is intended to be part of the proposed NightCap Village of "6,000 acres".

Adrian Brennock, Tyler Tolman, Oliver Baker
Nightcap Village Promotional Videos
Potential new investors lured by the life-change dream are not informed that the controllers of NightCap Village are involved in defamation litigation in Sydney Supreme Court, where, in 2017, Brennock, Darwin and Dixon failed in two attempted injunctions to have blogs by defrauded investors removed by court order.

Litigation in this matter has been ongoing since 2016, with false reports of earlier action in the Local Court published by Oliver Baker and Phillip Dixon, who are now subject to a cross-claim for false and malicious defamation made in marketing newsletters on behalf of "NightCap Village" and "Rainmaker Group".

Promoting the communitarian dream currently called "NightCap Village," Oliver Baker and Tyler Tolman also
Phillip Dixon - Company Director
forget to mention the class action in Brisbane Federal Court, case QUD 32/2018, with charges including fraud and fiduciary misconduct against Adrian Brennock, Mark Darwin and Phillip Dixon.

The class action is brought in a cross-claim in response to attempted sale of the "Bhula Bhula Community Village" property by Steven Staatz, Vincents' liquidator, as an attempted phoenix move is in process to sell the land back to the controllers of the venture and defeat liabilities. 
See: Mt Warning Ecovillage - Dreamweavers of Deception.

Mark Darwin - "Village Community" Founder and Marketing Manager
Mark Darwin "Village Community" Developer




In marketing material, Tyler Tolman and Oliver Baker make multiple false and misleading representations about the proposed project, currently called "NightCap Village"

They especially omit to name the  "founders, directors, developers and controllers" of the venture: Adrian Brennock, Mark Darwin and Phillip Dixon, who operate "Unconventional Business" as co-directors and shareholders in Rainmaker Group Holdings Pty Ltd, and co-directors, former directors and shareholders with Peter van Lieshout in NightCap Village Pty Ltd.

The dominion of evil, when masked by an attractive face and cloaked in an alluring vision, captures the ingenuous in a snare that is difficult to escape without suffering great hurt and harm.

Deception must have a lure that appeals to higher virtue.  The other side of the Janus face is not seen until too late. 





 

Saturday, 31 March 2018

NightCap Village Nightmare

By Gi Linda -

NightCap Village Nightmare -
Truth is irrelevant if false narratives are believed long enough for cash flows to enrich the coin-hungry coffers of the NightCap/ Minjungbal Cabal. 

Launching Nightcap on Minjungbal -- "the World's Largest Holistic Village", Nightcap Village News sent this announcement to a Truthology Freedom Summits mailing list:

"We've lost our way as humans, which is why we believe we need to recreate ‘The Village’". 

The anonymous author invites those disaffected with the dysfunctional establishment to join a community venture "to demonstrate a better way of living":

"Hi everyone
You’ve probably all been wondering what we’ve been up to? Well, a lot! ... we decided to look at some more positive and proactive ways to live a harmonious and satisfying life..."

Probably everyone is wondering who has been up to such a lot. Recipients of the newsletter who have followed Truthology and Freedom Summits since they emerged in 2013 know very well the identities of the notorious litigious "Freemen" whose Sovereignty Cult used Truthology in 2015 as a mendacious front to divest ingenuous investors of their life savings.

For those new to the land-share scam they are pushing, we'll adopt familiar nicknames used by those defrauded  by Truthology's terrible two: the deceptive marketing maestro "Romeo" with money-grubbing flat-earth promoter  "Jimmy the Maggot," assisted by the "Bully-Bully Boyz".

In 2016 the Truthology and Freedom Summit websites, Facebook pages and most Truthology YouTube videos were scrubbed after the Nimbin GoodTimes published "The Truth About Bhula Bhula" exposing the land-share scam that left 21 investors in "Bhula Bhula Village Community,"  including myself, defrauded of over $1.5 million.

Not to be deterred by local bad press, Romeo, Jimmy the Maggot and the Bully-Bully Boyz filed defamation charges against the publisher and against myself, author of the article, and changed their public front from Truthology, Freedom Summits and Bhula Bhula Village Community to "Rainmaker Eco Investments" which acquired Mt Burrell Commercial property by borrowing, filtching and leveraging off the investors who were defrauded in the first land-share scam.

Rainmaker Eco was then linked with "Mount Warning Eco Village", soliciting finance for a second attempted "community" on environmentally protected land, again without development approval in place and without lodging a DA application. 

Jimmy the Maggot also associated with a local pot grower holding an industrial hemp license and became director of the CIA, "Cannabis Industries Australia". This company, run by the BB Boyz, falsely claims to have a medical cannabis license while selling shares and soliciting finance in a non-existent "Nimbin University".

Mount Warning Eco Village land-share scam and Cannabis Industries Australia medical cannabis scam were exposed in blogs by the "Association of Investors Defrauded by Darwin". In retaliation, the Truthology gang charged me, as blog author, in NSW Supreme Court with injurious falsehood, also lodging two urgent injunctions attempting to gag free speech and have the blogs removed. After eight hearing with their false charges challenged by a defence of truth, both their injunctions failed; the blogs remain live and detailed accounts of events can be found in the archives. 



After the land-share scam and Cannabis Industries Australia medical cannabis scam were exposed in blogs, Mount Warning Eco Village  was morphed by the "Truthology" gang into "Nightcap Village", and now into "Nightcap on Minjungbal -- the World's Largest Holistic Village".

Nightcap Village News of "the Community’s plans moving forward" continues:

For the past few years, we have been working very hard on establishing ‘Intentional-Conscious-Communities’ and have had to deal with many issues and detractors trying to stop this amazing vision from becoming a reality... but we have prevailed and are excited to introduce our first big development, which is nestled in the foothills of Mount Warning. It’s set upon more than 4,000 lush acres of incredibly gorgeous countryside..."

In reality, the "detractors trying to stop this amazing vision from becoming a reality" are actually defrauded investors in Truthology's first "Intentional-Conscious-Community" simply attempting on a tilted stage to achieve restitution.

"Ambassador" Tyler Tolman

"Many of you who attended our Freedom Summits in around 2014 will remember International Health Coach Tyler Tolman, son of Don Tolman. Well Tyler has taken a place within the community, and is helping promote it to his awesome tribe of health-conscious beings. This works really well for us at NightCap Village, as we want to foster and support a healthy, sustainable and ‘do-no-harm’ essence throughout the Community. Many of Tyler’s tribe has already joined us and we feel blessed to have his support."
How could such a healthy-happy venture soliciting money be dodgy when vouched for by a sincere, smiling minor celebrity?

Obviously it doesn't matter to Tyler Tolman that trusting investors have been defrauded along the way; the great vision for Intentional-Conscious-Communities is so important to the visionaries that a few casualties along the road can silently be swept aside. Ambassador Tyler’s "inspirational introduction to the Community" is pink lipstick on piglets.

Intentional-Conscious-Communities
 
Inviting email recipients to take an exciting tour of the property where Truthology is advertising Nightcap Village, we are told:

"Becoming involved in this awesome project can look many different ways. You can live there, or build to rent out to other people, once all of the relevant approvals are in place... There are also more than 600 acres of maturing Blackbutt Forests which can be used to build your dream home/cabin..."

Whether or not "relevant approvals" are ever likely to be in place, no development application has yet been lodged and the enthusiastic marketers do not even own the land.

The Truthology website, removed after exposure of the land-share scam in 2016 has now been revived with an unidentified "specialist" offering advice on superannuation investment:

"I believe that Law helps to get an expert advice on your financial matters like practical and sound legal advice. As a law specialist, I always try to give excellent advice to my readers. I helped so many readers with their accounting related issues such as taxes and expert advice on maintain the budget, record and assist individuals from paying extra taxes. Through this website, I like to share my experience with all and always happy to answers any query."

Recognition of the hurt and harm caused by their earlier developments wouldn't look too good in the sales pitch, but, with defrauded investors filing both civil and criminal charges to achieve restitution, the unhealed wounds of previous failed "Intentional-Conscious-Communities" do not so conveniently go away.

Truth is irrelevant to Truthology; the important thing is that the false narrative of the moment should be believed long enough for a bank transfer to enrich the coin-hungry coffers of  the resuscitated "Truthology" cabal. So, as Romeo invites:

"If this excites you in any way… Be part of a tribe that wants to demonstrate a better way to live."




Saturday, 9 December 2017

Sophistry and Snake Oil

 
By Gi Linda.

“Sophistry” is perverted wisdom; a subtle, tricky, superficially plausible, but generally fallacious method of reasoning that seems true and sounds convincing but is actually deliberately misleading.

In Greece, c.5BC, the sophists were itinerant intellectuals and paid mentors who rejected moral absolutes, teaching that justice comes from dominance of the strongest. They used spurious arguments and rhetorical persuasion to gain influence for their clients. 


Through Plato and Aristotle, sophistry came to mean the deliberate use of fallacious reasoning, intellectual charlatanism and moral unscrupulousness.

In today’s world of commerce-driven screen-media where distinction between fantasy and reality is irrelevant, the word may be forgotten, yet sophistry is widely practiced in pursuit of  power, privilege and profit.

The most successful sophists who entangle their prey in a self-interested matrix of lies tend to also exhibit extreme narcissist and psychopathic tendencies.

The dominating drive for personal satisfaction feeds greed and stunts normal development of humane qualities such as integrity, kindness, empathy and remorse, while those who habitually practice deceptive sophistry cultivate a slick veneer of smirking sincerity greased by flattery that lures and hooks the undiscerning. Truth is mocked and compassion is exploited as weakness. Deceived victims are then devalued, discredited and discarded.


This story of two contemporary sophists began in 2013 with a false narrative established by “Truthology Foundation” at “Freedom Summits” where Mark Darwin offered to “set you free from the Money Game”

Darwin was teaching clients and followers how to defeat the law by using the dominance of clever argumentation. In a 2014 Truthology email Darwin claimed:

“You can be assured that Mark is a very dynamic, charismatic individual and his seminars are entertaining, engaging, and hilarious at times and oftentimes life-changing for those attending…  Thats right we Teach YOU how to do it and finally be FREE from Their system !!!” 

“Truthology” was marketed online as “a truth and awareness site, and service provider that helps the people… We assist you to be free from the shackles of money stress, the debt trap, how to lawfully take on the banks, challenge fines and infringements, and how to stop paying taxes… and much, much more…"

"What Mark had discovered was so liberating, empowering and life-changing that he felt a deep, overwhelming desire to help other people.”

This “deep, overwhelming desire to help other people” led Mark Darwin and Adrian Brennock in 2014 to invite selected” investors, as supposed co-owners of a 640 acre property at Mt Burrell, NSW, to pay large amounts of their money into Darwin's bank account held in trust by Wroth Wall Lawyers. But the land-share narrative was false.

Investors whose naive, misplaced trust was betrayed became victims of this snake-oil sophistry and lost life savings, inheritances, pension funds and homes.

In 2015, purchase of the land should have been made by Darwin and Brennock with a Community Association providing purchase money investors shared proprietary rights as promised, but instead, the land was dishonorably acquired by a private company. Adrian Brennock, as self-appointed director, established his personal ownership of the property by holding a single $1 share.

This bait-n-switch sophistry was morally and ethically unconscionable leaving angry investors defrauded, but Brennock's snatching of the property from those who paid for it was ostensibly legal.

Investors who had been invited in 2014-15 by Darwin and Brennock into the first supposed “land-share community” were evicted from the land in 2016-17 without return of investment. Brennock is now attempting a pre-positioned transfer of the land asset in a phoenix move with the help of Vincents Chartered Accountants.

The “Bhula Bhula Village Community” scam was first exposed in October 2016 in “The Truth About Bhula Bhula” published in the Nimbin GoodTimes, revealing details of the land-share investment scam.

With their false narrative exposed, Darwin and Brennock removed the  “Truthology,” “Freedom Summits” and “Bhula Bhula Village Community” websites and switched their business and social networking name to “Rainmaker Eco Investments” inviting “ethical investments” in the same land-share scam, but at a higher price.

By 2016 Darwin and Brennock had expanded their land-share scam to the adjoining 3,000-acre property owned by Peter van Lieshout, using the name “Mount Warning Eco Village.”

The blog "Mount Warning Eco Village - A Warning" is published by the "Association of Investors Defrauded by Darwin" to document our experience and expose Darwin / Brennock's land-share scam, in the public interest.

Darwin and Brennock, facing criminal and civil charges by the Association of Defrauded Investors,  failed in 2017 with two applications to NSW Supreme Court for urgent injunctions to force removal of the blogs exposing their scam.

In November 2017 they changed the name of their venture from "Mount Warning Eco Village" to “Nightcap Village” then to “Nightcap on Minjungbal”

The “Truthology” website has recently been revived, no longer mendaciously offering services as a “beacon of truth in a sea of lies”, but now anonymously offering help in making superannuation investments.

As discredited sophists adopting various chameleon fa├žades to pretend a more reputable appearance, Darwin and Brennock have devised more false narratives to explain the increasing reluctance of new investors to buy into their snake-oil scam.

After it was discovered in 2015 that investors in the first supposed "land-share community" had been defrauded and that multiple occupancy was not permitted on the land they had paid for, those who demanded accountability were defamed with false narratives and blamed for the failure of the “community”

Ongoing ad hominem attacks against “detractors,” are combined with intimidating threats, malicious harassment and stalking.  The false accusations include incorrect and misleading accounts of ongoing litigation. Vicious character assassinations are spread locally, online and have been presented in perjured affidavits to the courts.

Sophistry does not require that any argument be true or supported by evidence, only that it sounds convincing and is believed. Entranced by snake oil narratives, the credulous are deceived, betrayed and left without feasible legal recourse.

The contemptuous sophists, bloated with infusions of “coin” dishonorably gained by denying defrauded investors their equitable rights, scoff and mock their victims in sickening ritual celebration of their apparently unrestrained ability to profit by deception.

However, with their eyes now cast on even more ambitious empires and a minor celebrity, Tyler Tolman, ingenuously vouching for their authenticity, Darwin, Brennock and their accomplices are now encountering opponents who are highly motivated to bite back against those who attempt to pervert justice by domination of specious argumentation.




Thursday, 30 November 2017

Blessing the Enemy


“Justice is turned away backward and righteousness stands far off, for truth has fallen in the streets and honor is repelled. Truth is lacking and one who departs from evil becomes its prey. The Lord saw, displeased that there was no justice, and was amazed that no-one would intercede. Then the Lord’s own arm brought triumph… Wrapped in zeal as a cloak, according to their deeds, so will He repay: Wrath to His adversaries and repayment to His enemies.” Isaiah 59

Thursday, 23 November 2017

Nightcap Village Nightmare Revived

By Gi Linda.
Peter and Joan van Lieshout.
Dutchman Peter van Lieshout, with familial ties to Super A-Mart, is not one to let controversy, adverse public opinion or the nuisance of Australian development regulations stand in the way of his ideas. 

Owner of 3,000 acres in Nightcap Forest, near Mt Burrell, NSW, he aspires to build a town where happy “Nightcappers,” prospective inhabitants of his village will hopefully live harmoniously with nature and pay his land taxes.

Nightcap Village was proposed to include 1,000 residents with 250 houses, 130 three storey units, a 100-bed backpacker, a 100-bed motel, 50 shops and a pub. The DA anticipated the village would generate an additional local 4,500 car movements a day.

Developed in 2006 by the Vanlieshout Group, Nightcap Village was marketed as "Zero Impact Living".


Before submitting an application for development approval, an Environmental Impact Study found the proposed village site to be located in pristine forest, rich with rare and endangered species.

  Undeterred, van Lieshout built unapproved dams, permitted unapproved residences and cleared an area for the proposed Nightcap Village without any prior development consent.

News in 2006 of the intended $137 million development triggered loud complaints from outraged locals, strongly opposed to the unwanted imposition of a potential urban eruption in the beautiful rural valley.

When van Lieshout lodged a development application for Nightcap Village with Tweed Shire Council there was massive opposition from local residents, spearheaded by environmental defenders who actively protect the integrity of the Northern Rivers’ natural resources from indiscriminate developers and corporate greed.

Local protest against Nightcap Village, 2009
The Caldera Residents Action Group, CRAG, gathered over 600 handwritten objections to the proposed Nightcap Village. When it came to a vote on the DA,  the Environmental Impact Statement listing endangered species was not presented and a required aboriginal heritage study had not been conducted.

Pete Symons, a local who studies the impact of “geopathic stress” on land, claimed the proposed site of Nightcap Village is “cursed” because of a massacre of Aboriginal people on that site, giving it a “destructive and harmful energy signature”.

Widjabul Elders said the bodies of the massacred men, women and children were “so badly mutilated that distressed people who discovered the massacre lit  beacon fires all around Mt Warning, calling in the clans to perform funeral rites and sing a curse into the land”.

Council received over 500 submissions arguing against the proposed development. Several speakers complained that council was serving developers rather than the people who elected them.

Peter van Lieshout’s wife, aspiring co-developer Joan van Lieshout, just happened to be Mayor of Tweed Shire at the time. She abstained from voting to avoid appearance of conflict of interest. Only two councilors, Katie Milne and Barry Longland, voted against the development.

The proposed village sounded an alarm in local papers with Tweed Daily News Aug 2007 reporting Nightmare 'Nightcap' Development Approved in Tweed ShireOn announcement of the vote in favour of the DA, the gallery broke into a near brawl, as residents yelled at the top of their voices their extreme anger and disappointment.”

At a subsequent Land and Environment Court hearing 100 people objected to the proposal with only one in favour. Even so, the Commissioner approved the development.

Despite Peter van Lieshout's aggressive push for development consent in contempt of overwhelming local opposition, he found the cost of required infrastructure impossible to meet. The plans did not proceed and development consent lapsed in 2011. 

The frustrated developer, with unpaid land taxes mounting, became re-inspired in 2015 when leaders of a Sovereignty Cult whose finance manager, known to those he has treated unconscionably as “Jimmy the Maggot” purchased an adjoining property and began to promote a community, “Living in Harmony”.

The "Intentional Community" called "Bhula Bhula" was established without development approval on environmentally protected land where multiple occupancy was prohibited.

Bhula Bhula Community marketing ad, 2015

Describing their initiative as “unconventional business,” Adrian Brennock and cohorts defrauded investors of purchase price monies in 2015. After falsely promising potential investors co-ownership of the land, they purchased the 640 acre property through a private company. Adrian Brennock acquired legal ownership of the asset in his personal right as company director and sole shareholder with a single share value $1.

Defrauded investors who called for accountability woke up to a nightmare of litigation, threats, bullying and stalking as they were forcibly evicted from the property without restitution of their funds.
Phillip Dixon

Undeterred by the carnage of broken dreams, shattered families and empty bank accounts left in the wake of their failed venture, and ever aspiring to greater visions, Adrian Brennock with sidekicks Mark Darwin and Phillip Dixon made a deal in early 2016 with neighbour Peter van Lieshout to expand their initiative onto his property.

"Mount Warning Eco Village" was set up and by 2017 a move was in place to transfer legal title of the land paid for by the defrauded investors to the new company. The attempted pre-positioned asset sale as an ongoing phoenix move is being facilitated through liquidation by Vincents Chartered Accountants.

Tyler Tolman and Adrian Brennock
In November 2017, "Mount Warning Eco Village", the name of Darwin and Brennock's "Village Community" scheme, was switched to “Nightcap Village” and promoted by celebrity “Ambassador” Tyler Tolman, who describes himself as the “money man” behind the venture.

The aspiring developers of Nightcap Village prefer to occult their nexus as cabos of the dishonorable sovereignty cult that defrauded investors of over $1.5 million by offering "ethical investments" in a land-share scam!

Mark Darwin
Their first attempted “village community” failed, causing immeasurable hurt and harm to those who ingenuously trusted Darwin's deceptive blue-eyed sales pitch.

Nightcap Village website now advertises: "...an exciting project underway to build an entire eco friendly, sustainable village on a 3500+ acre site at the foot of Mt Warning..."

It's an attractive vision given a veneer of credibility with a gloss of celebrity, but with local outrage re-emerging it becomes increasingly evident that the new promises are the same as the old promises as "Nightcap Village Nightmare" revives.


Buyer Beware!