Nightcap Village - A Land-Share Nightmare

By Gi Linda

Aboriginal curses haunt the property where Peter van Lieshout, brother of A-Mart billionaire,  wants to establish Nightcap Village, according to locals who say the land was cursed by aborigines after a massacre by brutal whitefella.

For those who lost entire life-savings after investing in the Mt Burrell land-share venture between 2014-16, the hurt and harm that fleeced 21 families of over $2 million, is curse enough to add flame to legend.

With ongoing court battles and blogwars, the venture has expanded and changed name from Bhula Bhula Village Community and Mt Burrell Commercial, to Mt Warning Eco Village, Nightcap on Minjungbal, and is now  called Nightcap Village.

Peter van Lieshout, Nightcap property owner

Landowner Peter van Lieshout's first attempt to build Nightcap Village in the environmentally protected valley was in 2009, when it received development approval from Tweed Council despite a storm of local opposition. Peter's wife, Joan van Lieshout, then mayor of Tweed Shire Council, denied conflict of interest.

Peter van Lieshout was unable to finance necessary infrastructure, so the venture failed and development approval lapsed. 

Six  years later, on adjoining property, Bhula Bhula Community was founded and advertised as an "ethical investment opportunity" offering co-ownership of land to those providing purchase money for two Mt Burrell properties.

Investors were misled to believe that land share occupancy was allowed on the property with development approval in process, and the venture was given credibility by appointment of Mullumbimby lawyer Wrothwell Wall as "Community Lawyer," into whose trust account investors paid funds in good faith.

Receiving almost $2 million from investors, lawyer Wroth Wall endorsed purchase of the first property at 3222 Kyogle Rd, Mt Burrell, allowed the company director to establish personal ownership and control of the property with a $1 shareholding. 

Investors were denied promised co-ownership of the land then evicted from the property without restitution of funds, after triggering litigation by Tweed Council in the Land and Environment Court.

Again using investors' funds, the adjoining property including the iconic Sphinx Rock Cafe, servo, shops and caravan park was also purchased through a private company. Angry, disenfranchised investors were threatened, harassed and slandered when they attempted litigation to recover their losses.

In 2016, shareholder agreements joined neighbor Peter van Lieshout's 3,000 acre estate to the Bhula Bhula property in a larger venture named Mt Warning Eco Village.

Exposed in local newspapers, blogs and social media, the controllers of the venture initiated a defamation claim in NSW Supreme Court twice requesting urgent injunctions for court orders to gag the publication of information that may alarm potential new investors. The first injunction requesting a restraining order was withdrawn. The second injunction made claims of injurious falsehood published in the blogs, but the requested gag was refused by Justice Lucy McCallum.

Home-sites on sale without development approval

After details of the alleged fraud were revealed in the media and the courts, the name of the venture was changed to Nightcap Village and continued to be falsely advertised online as a viable intentional community with valid development approval in place.

The contested land was mortgaged in 2017 by the company director who requested receivership of the property by Vincents' liquidator, Steven Staatz, in a  phoenix move intended to transfer legal ownership of the property to Nightcap Village, while divesting liability to defrauded investors.

In Sydney Supreme Court of Equity an initiative by investors to recover the properties is brought on grounds of fraud and  fiduciary misconduct. The controllers of the venture are also currently under investigation by Tweed Police.

Despite ongoing litigation by investors who lost life-savings in the venture from 2014-17, Richard Moate continues to sell "home-sites" through his fledgling agency Nightcap Realty. He continues to solicit sales with promises to newbies that restitution of the losses of previous investors, like the promised development approval,  is "coming soon".

Brisbane Courier Mail report, 2016

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 the director  of company Wollumbin Horizons, that involves 21 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 investors 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 are selling home sites with idyllic views of Mt Warning on environmentally protected property without development approval.

Victims of Nightcap Nightmare warn that these "Freemen" 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 dishonesty could 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, the controllers of the venture 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 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.

The purchase monies were made in expected exchange for co-proprietary interest in the property, through membership of a registered Incorporated Association that was intended to be legal owner of the Property.

Acceptance as a “Community Member” followed direct transfer of purchase money for the property, paid into one of Darwin’s several trust accounts and nominated for the purpose of “Formation of a Community”.

On May 8, 2015, the Association “Together in Harmony Incorporated,”  Registration Number: INC1500616 was registered with Fair Trading.

In June - August 2015 a video and a Legal Structure Diagram were supplied to potential investors. The video and the Legal Structure Diagram present an “unconventional” confusing legal structure that inserts an apparently unnecessary additional private Company as “trustee” of a supposed “trust fund” that appears intended to be owned by the Incorporated Association with transfer of a sole share by the purchasing Company to the Incorporated Association.

This convoluted legal structure was legitimized by trusted Community Lawyer Wroth Wall and Czech lawyer Michal Hajeck.

On June 22, 2015, the Company, Wollumbin Horizons Pty Ltd, was incorporated.

Two different “trust deeds” provided to Investors purport to establish a “trust fund” to be controlled by “Unit Holders”. Terms of the “deeds” provide prospective “Unit Holders” with membership in “Bhula Bhula Community Village” and supposed control of assets, but not co-ownership of the Property purchased with Investors’ funds, as had been promised.

On June 23, 2015, the second deed of trust purported to establish the “Bhula Bhula Community Village Trust” for the purpose of managing assets on behalf of its beneficiaries, while also enabling transfer of communal assets to private ownership.

The Company was appointed as “trustee” of the “Trust,” but the Trust Deed was not executed or registered.

Neither the settlor of the trust nor the company director signed the trust deed and no property or other asset was settled or intended to be settled in the trust, apart from a prospective $20. “Bhula Bhula Community Village Trust” does not exist, except as a fictitious paper entity that was imposed to defeat promised co-ownership of the property by investors as members of the Incorporated Association.

On June 30, 2015, the Company entered into a contract to purchase the property being Lot 20 in Deposited Plan 7557 14A and 7557 14B, and Lot 2 in Deposited Plan 1148316. The property was purchased using $588,459 of Investors’ money, together with a mortgage of $550,000.

The Contract was authorised by “Community Lawyer” Wroth Wall with the purchaser being “Wollumbin Horizons Pty Ltd t/as Bhula Bhula Village Community Trust”. Bhula Bhula Village Community Trust” does not exist. On payment of the purchase price of $1,175,000 the Company became the registered owner of the Property.

Instead of transferring ownership of the Property to the registered Incorporated Association, providing purchase money Investors with promised shared proprietary rights to the Land, the private Company controlled by the director remained legal owner of the property and the Company was designated as supposed “trustee” of the invalid “Trust”. The self-appointed Company Director issued to himself a single share in the Company of value $1, becoming sole owner and controller of the Company’s Land asset.

An “Application Form” attached to the improperly executed “Trust Deed” requesting a “Unit” in the fictitious “Bhula Bhula Community Village Trust” was signed by some who by renouncing their promised proprietary interest in the Land enabled the “unconventional” manoeuvre to substitute an invalid “Trust” for the promised Incorporated Association. Disenfranchised purchase money Investors, instead of becoming co-owners of the Property, instead received conditional inclusion as “Members” of a supposed “Community,” being holders of “units” in an invalid “Trust” owning nothing. 

Twenty one "contingent creditors" with a "just estimate" of claims amounting to zero or $1 were admitted for voting purposes only; not for any beneficial remuneration, however these ”Unit Holders" claim that a debt is owed to them by the Company t/as a non-existent “Village Community Trust,” acting as unregistered "trustee" of an unexecuted “Community Village Trust.”

Despite receiving assurances by the Administrator that liquidation would be in their best interest, disenfranchised “Unit Holders” who paid for the land are not recognised by the Administrator as authentic creditors of the Company, since their supposed "debts" of $0-1 arise from unregistered transactions with the dishonourable company Director that are unenforceable. Supposed debts to "Unit Holders" due to failure of these "unconscionable contracts" were therefore not incurred with the Company concerned.

The Administrator assured contingent creditors without valid claims on the Company that they would benefit from voluntary liquidation, in consequence the majority admitted for a debt of $0 voted for liquidation, expecting to get their money back from sale of an asset they do not own. 

The Administrator encouraged false expectations of favourable outcomes. He led "Unit Holders" in an improperly executed “Trust” with no legal relation to the Company, and no connection between their investment and the asset, to falsely believe they were legitimate creditors of the Company and would benefit from liquidation. The Administrator also accepted dishonourable director-related transactions without question, to the detriment of legitimate creditors. These "contingent creditors” voted in favour of liquidation, so their invalid majority outweighed the legitimate vote against liquidation.

A supposed "committee of inspection" of "contingent creditors" that voted to undermine the interests of authentic creditors subsequently made improper secrecy agreements with the Administrator.

In 2017, controllers of the venture initiated a campaign of harassment, stalking defamation and intimidation of opponents, including a SLAPP action in Sydney Supreme Court,  Defamation List, with perjured claims, followed by a false injurious falsehood claim and two urgent interlocutory injunctions that failed.

The “Community Solicitor,” Wroth Wall, testifies regarding his participation in the venture in an affidavit Aug 2018. Prior to the purchase of the Property he received applications for “Units” from some potential investors," but he did not warn them of known land-use restrictions.

In light of the evident prohibition on rural land sharing communities on the designated Property, he advised that it was appropriate to obtain planning advice prior to contracting for purchase of the Property. His advice was rejected by the controllers of the venture who instructed him to proceed with the purchase without comprehensive planning advice.

An “Incorporated Association” called “Living in Harmony” was supposed to provide Investors a proprietary interest in the Land, but was switched in June 2015 for a private company “Wollumbin Horizons Pty Ltd” owned and controlled by the director.  A single share in the Company (WH), value $1, was issued to the director.

After completion of the Property purchase, the single $1 share in the Trusteee Company held by the director was not transferred to the Incorporated Association and none of the Units in the Trust were issued.

Neither Community Solicitor Wroth Wall nor the controllers of the venture informed investors of the switch from an Incorporated Association to a private company owning the land. Nor did they explain the implications: that the land to be purchased would be owned and controlled by the director personally, and not jointly owned and controlled by investors, as offered.

Tyler Tolman Sells an Aussie Land-Share Scam

By Gi Linda.

"NightCap Village" is a dream on sale; but unseen behind the beautiful promise of a self-sustaining, idyllic land-share community is a suppressed story of lies, deception, broken trust, shattered dreams and pilfered bank accounts. 

"NightCap Village,"  located at Mt Burrell, NSW, Australia, was initiated in 2014. Tyler Tolman joined in 2016 to promote the dream. Any assumption  he was not informed that the venture had left angry investors bereft of life savings would be incorrect.

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 Tyler Tolman now aspires 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".

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

Spruiking the opportunity to cosy-up and stake a claim 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.

Marketing videos featuring 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 "6000 acres".

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, controllers of the venture failed in two attempted injunctions to have blogs by defrauded investors removed by court order.

Nightcap Village Promotional Video

In marketing material, Tyler Tolman makes multiple false and misleading representations about the proposed project, NightCap Village. 

They especially omit to name the  "founders, directors, developers and controllers" of the venture, who operate this Unconventional Business.

The dominion of deception, 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.

The lure always appeals to higher virtue.  The other side of the Janus face is not seen until too late. 

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

Land-share Investment Scam -- A Warning!

By A Concerned Neighbour -

I am a 'Mt Burrell local' and I have watched what has gone on at 3222 Kyogle Road since 2014 when the promotors set about getting the funds together to buy the land. 

I was appalled by the promotors' first youtube video talking about our piece of paradise, calling it "Hicksville" and boasting how they, with the help of likeminded people, would educate the locals, take over Sphinx Rock Cafe and serve real food, that they had grown on their land. 

3222 Kyogle Rd, Mt Burrell, NS

A shanty town grew up at 3222 Kyogle Road. Fortunately the council became involved and the Land and Environment Court ordered all dwellings, except the original farmhouse, to be removed. What was once prime agricultural land is now in ruins. Everyone left after taking down their dwellings.

I have subsequently met several of the people who 'invested' their money in this illegal scheme and they are good people who believed the dream that the promotors were selling. They have lost their 'investment' and for many that was all they had - everything gone.

New offers, same lies

The promotors have now expanded and renamed their land-sharev enture Nightcap Village. They have started with the same lies and schemes that I saw at Mt Burrell in 2014-16. More people are being conned and once again they will lose their money.

Don't listen to their lies!
Don't give them your money for nothing but heartache in return!

(Names have been redacted from this account)

Bhula Bhula Community Disaster

By Melissa Hirsch - A Defrauded Investor -

My experience of the Bhula Bhula Community disaster:

I bought into Bhula Bhula (BB) in March 2015, fourteen weeks before the land was purchased. I was both excited and concerned… in retrospect I can see how naive and trusting I was.

As a single, middle-aged woman I was excited at the possibility of living in a community of like-minded people. It would be a combination of a social, support and information network with kids, families, intelligent conversation, a brain-trust… people who knew more or differently from me.

My concern was the gap between what was on paper and what was alluded to and ‘emphasised’ by the front men (the boyz).

So many of the 'stories' that were sold to us never eventuated… the community centre, the equality, transparency and honesty… even the contracts on paper that were constantly a ‘known’ within the community were not honoured.

One of the most important processes that was not actioned was the "Incorporated Association" through which investors would jointly own and control the land. The Association should have been the sole share holder in the company that owned the land. 

Instead, (name removed) made himself the sole share holder, never registering the Association or those that paid for the land, though I do have emails from him informing us the "Association" was registered, and all the rest of the 'stories' about how we would become members before the land was purchased, etc, etc…
 

No matter how many times we asked, requested, demanded, nothing changed!

Emails, YouTube clips and conversations were full of contradictions and manipulations of the truth to cover their arses, but these were also purposeful, conscious manipulations to 'sell'. At first we thought the contradictions and changing ‘facts’ were mistakes, but its clear now how deliberate these were.

Whenever anyone asked questions, or asked to see the financial accounts they were ignored, then eventually verbally bullied and abused in person or through emails. The boyz send spiteful anonymous emails, full of venom and personal attacks. Their most recent pseudonym is "Dummass Boofhead"  or "FYJ Boofhead" (thats FYJ for "F*k You Jimmy" -- a phrase that amuses them no end).

There are at least 5 families who have lost their entire life savings to these people and many individuals have lost huge chunks of their earnings, over $1.5 million, all taken from those who earned and saved then purchased the land.
 

Here are some of the games these boyz have played: they have gone from one tax avoidance scheme to another, changing companies, foundation names and fronts, burning many people/companies/foundations/businesses. All because they can, because they exploit legal loopholes and betray the trust of honest, decent people.
 

Their next project is another Eco Village at Mt Burrell. Apparently they are sucking in more people and manipulating the truth and those in authority. If you think those of us included in this blog are just bitter, twisted losers, then talk to some Mt Burrell locals and hear them out… that way you can save your arses, your money and count your blessings that there are some moral and ethical people out there, willing to take a stand.

I recommend watching the YouTube clips….RECREATING THE VILLAGE #1 &#2…..so much of what is said is NOT TRUTH… those TRUTHOLOGY boyz… tut, tut!

Facts About Mount Warning Eco Village Scam

By Gi Linda.

“Truthology” was the deceptive front used as a database in 2014, calling for investors to buy land and form a “Village Community.” Controllers of the venture acquired $1.5 million to purchase the land, plus loans and superannuation, and established “Bhula Bhula Village Community” at 3222 Kyogle Rd, Mt Burrell, NSW, Australia.  

But the “Village Community.” was governed by an improperly executed Trust that enabled controllers of the venture to betray the trust of the supposed "unit holders".  

Potential investors were misled by false representations and the silent omission of known restrictions on potential land use.  Investors who paid for the land were then disenfranchised with only a beneficial interest in an empty Trust.

Online “Truthology” marketing material was removed after the land-share scam was exposed in local newspapers in 2016.

Tweed Daily News: "Living in a Nightmare"

Many assurances were given to potential investors that development approval was in process, yet controllers of the venture, knowing that the land was protected as water catchment for a proposed future drinking water dam, never applied for the required permits.

More than 21 investors who had purchased the communal property at Mt Burrell, were forcibly driven off the land during 2016-17, without return of their funds. 

Despite much pretense, investors have received no restitution as controllers of the venture attempt to take private control of the land through a deceptive “phoenix move.”

Controllers of the venture, after fleecing the purchasers of the 640 acre property, are again rattling the can, asking credulous investors to believe their "new promises" and give them money, as they aspire to purchase 3,000 acres and form another “Village Community” on adjoining property, together with landowner Peter van Lieshout.

Landowner Peter van Lieshout

"Mount Warning Eco Village” is again marketed with assurances that dwelling is permitted, and cabins are offered for sale. Yet the intended "Eco Village", like the failed "Bhula Bhula Village Community", is located on environmentally protected land. Again, there is NO DA in place for multiple occupancy on the land, and no application for development of a "Village Community" has been submitted to Tweed Shire Council.

Mt Warning Eco Village - baiting with "alternative lifestyle" lures

The continual soliciting of "mezzanine finance," "loans,” “advances," “ethical investments,” "superannuation funds"   and “pre-DA purchase of home-sites" on environmentally protected land without development approval has been ongoing since 2014. This is a SCAM that has already left investors with trust betrayed and shattered lives, defrauded of over $1.5 million.

Buyer Be Warned!

Ripped Off

By Stuart Newman - A Defrauded Investor

Unfortunately everything on this Blog is true!

I say "unfortunately" because I am one of the members of this failed community. Very unfortunate for us. It has destroyed our lives. Now trapped in limbo, we are trying desperately to get our life savings back.

 My hope is in posting this that someone will read this before they fall victim to these scam artists. I say "scam artists" but I don't mean "artists" in any pretty way. The way they work is very ugly. Total con-men! Slick sales and the ability to lie directly to your face knowing all along that they plan to take your life savings and use it to buy themselves expensive toys and fund the expansion of their financial shit show.

Our community did not fail because of personality differences, it failed because it became obvious that the financials were being kept secret and that $600k was missing from our accounts. 

Records show it was taken by Mark Darwin and Adrian Brennock and the small team of dumb asses that have been suckered in to follow them.

It also became obvious that they had hidden a town planners report that showed we would never be allowed to build our community there due to water catchment restrictions that they knew about all along.

Now they have crashed us into liquidation 2 days before we were to vote a new trustee and try to rescue ourselves. They have added $550k of fake creditors to the company -- all made-up expenses from their friends and family and other companies they control.

No valid attempt was ever made by them to sort this community out. Their plan is purely to make lots of money off the backs of families who are wanting to build community. 

And now they are doing it to another group of poor unsuspecting folks. My heart goes out to those folks.

As for Mark Darwin, Adrian Brennock, Cherrie Stokes, Steve McSween, Richard Moate, Phillip Dixon: The words "Narcissistic Psychopaths" come to mind.

May justice prevail! May we find our way back to peace!

Please share this to anyone who maybe thinking of "community "

in the Mt Burrell, Uki, Nimbin area.

Save them from these sharks!

Justice is on its way!

Recreating the Village

Marketing Videos

The videos linked below were part of the Darwin / Brennock marketing campaign in 2014-16, under the guise of "Truthology" and "Freedom Summits," and were used to raise purchase money for land. These videos were scrubbed from the net after the land-share scam was exposed in the Nimbin GoodTimes article, "The Truth About Bhula Bhula", but were archived by defrauded investors.

.

Mark Darwin and Adrian Brennock Marketing Village Communities - Sydney, July 2015 
Part 1 (edited synopsis of 2 hr 15 min presentation)

Mark Darwin and Adrian Brennock Marketing Village Communities - Sydney, July 2015 
Part 2 - (edited synopsis of 2 hr 15 min presentation)

Bhula Bhula Legal Structure presented by Mark Darwin

Truthology Inquiry Video with Mark Darwin, 2014

Buyer Be Warned!

Mount Warning Eco Village Warning - Update

Buyer be warned! 
Mount Warning Eco Village is a fresh face and a different name 
for an old “bait-n-switch” toxic snake-oil game!

By Gi Linda

If you’re sick of the corporate rat-race, looking for a life-change and dreaming of happy families sharing, caring and growing veggies in harmonious community; if you are all cashed up and a bit credulous, then there are deep blue eyes spinning sweet honey lies with captivating cadence, eager to embrace your life savings in a notorious Mt Burrell property scam.

Attractive online façades with changing names and faces conceal a long line of defrauded creditors pressing for restitution. Headed by Mark Darwin and Adrian Brennock, the current lure, “Mt Warning Eco Village” at mountwarningecovillage.com.au is presented as an exciting opportunity to be part of an up-market “intentional community” dedicated to an alternative lifestyle. The sales pitch sounds smooth, but baited buyers are unaware that habitation is not permitted on the residential sites offered for sale. 

Once hooked and bled dry of funds, financiers soon wake up to the reality behind the trance-like delusion; a hidden history of hurt, harm and betrayal that has spat out many disillusioned investors.
 

Truthology - A Matrix of Lies

Beginning in 2014, followers of Mark Darwin were enticed to fund the scam through an anti-establishment online front, “Truthology”, linked with “Create A Foundation” apparently aiding abused girls. “Freedom Summits” and public presentations in major cities promoted Darwin’s subversive ideology of “Sovereign Citizens”. Flying under the radar of a dynamic, compassionate activist movement with a sagacious international following, the fraudsters spun a land-share scam offering residential sites in an unapproved community on environmentally protected property without development approval.

Potential investors were not told about existing restrictions on use of the land, and employment of a town planner enhanced a false appearance that permits were in process. Soon after the communal venture began, families who were camping and constructing dream homes were forced to leave when Tweed Shire Council took legal action to stop the building of an unapproved “village” on environmentally protected land.

 

Criminal Charges Expose Fraud and Larceny

I have brought criminal charges of fraud against Darwin, Brennock and Richard Moate, and charges of larceny against property manager Steven McSween for theft of my mobile home valued over $90,000, a caravan and personal belongings, that accompanied the malicious destruction of my Garden.

After driving investors off the Mt Burrell property without return of their money, Mark Darwin’s partner Adrian Brennock, holding a single share of value $1, remained as sole shareholder in the company Wollumbin Horizons Pty Ltd, and still asserts control as the illegitimate yet legal sole owner of the land asset.  They then appointed themselves co-directors of a new company, Rainmaker Eco Investments Pty Ltd, and together with Cherrie Stokes and Philip Dixon, bought the commercial precinct adjoining Bhula Bhula, including Sphinx Rock Cafe, shops, fuel servo and caravan park.

Mt Burrell Commercial, purchased by Darwin, Brennock & co in 2016

The Mt Burrell property scam was first exposed in October 2016 in my Nimbin GoodTimes article, “The Truth About Bhula-Bhula by Gi Linda"

“Legal action is in process by disillusioned investors in a community at Mt Burrell, near Nimbin. The community was founded by Mark Darwin through his organisation, ‘Truthology’. Investors warn that ‘Truthology’ presents a matrix of lies, using misleading marketing to facilitate acquisition of multi-million-dollar properties.  

  “Investors paid up to $120,000 for fake shares in the 640 acre property and some also transferred their superannuation, falsely assured by Mark Darwin and Adrian Brennock that development applications were in process and would be fast-tracked to approval."

Tweed Council strongly warned that no community would be permitted on  that property because parts of it are protected as rainwater catchment. Yet these warnings were kept hidden from investors by Darwin and Brennock. 

Sites for sale on protected land

Fraud occurred when the first and second plaintiffs deceptively offered consensual contractual terms that were later dismissed or switched, demonstrating prior intent to vary the conditions after “selected” investors had fully paid.

During their recorded sales presentation, (min 40) the first plaintiff assures his audience that “sweeping legislation allows for habitation” on the Land and he demonstrates contempt for local authorities and neighbours:




"Recreating the Village" Promotional Presentation in Sydney

An archived video recorded at a sales pitch in Sydney in August 2015, “Recreating the Village” was posted online and is now removed. “Recreating the Village” demonstrates how the first and second plaintiffs set up an apparently impenetrable fire-wall protective structure using the services of Wroth Wall Lawyers, before deceiving potential investors with misleading information.

Mark Darwin: “We’ve already been contacted by Tweed Shire Council, 48 hours after settling... the locals have already contacted Santa Clause ... they’ve accused us of carrying out illegal works and all sorts of stuff. But we want to develop a relationship with them... Cough-cough.” 
  
Adrian Brennock: “Bullshit!... We’ve ruffled a few feathers.
"   

Mark Darwin: “And if you know AB and I, we don’t get bullied by authorities!”

Darwin admits that apart from their willingness to comply with construction safety standards for residences, they do not intend to seek any prior Development Approval, but intend to get “current approval status” extended.

Only an inner circle knew that the advertised lots were reserved for future water catchment to a proposed dam at Byrrill Creek. 

In December 2015, an independent town planning report advising that multiple occupancy would not be allowed was hidden from investors, who began building dream-homes with exotic mountain views.

“Those who sniffed a scam and called for accountability were menaced and forced out of the community. When an accidental fire in a camper almost set the forest ablaze, Tweed Council ordered everyone to leave. 

Investors were driven off the property without return of their funds and without share titles. Loans were not repaid. Despite calls for transparency, all books were hidden. The cattle were sold and abandoned paddocks overgrown with weeds.  

A sign bolted to the broken front gate warned ‘ENTER AT YOUR OWN RISK!!!’”

Following the Nimbin GoodTimes exposé, Mark Darwin’s front groups all disappeared. Truthology, Freedom Summits, Create A Foundation, the Bhula-Bhula websites, FaceBook pages and all marketing videos were scrubbed from the internet with apologies, while the ongoing abuse of truth just took on a new guise. 

Darwin whimpered empty promises that overdue loans would be repaid and reassured defrauded investors their money would happily be returned… except that “fines” must be imposed, leaving nothing to return.

Instead of ending the fraud and making restitution after being exposed, Darwin’s gang, with the  new front company, Rainmaker Eco Investments, went fishing for more investors, and the land-share scam resurfaced as they continued selling fake shares in the failed Bhula-Bhula Community.

Darwin and Brennock, together with Phillip Dixon, then presented a new façade, “Mt Warning Eco Village”, and extending the “Village Community” from Bhula-Bhula to a neighbouring property, "Nightcap Forest".

Peter van Lieshout  - Mt Warning Eco Village

In collaboration with landowner Peter van Lieshaupt, Darwin, Brennock and Dixon began advertising residential lots on the adjoining land in Nightcap Forest, in areas which, like the property used for the failed "Bhula Bhula Village Community" are also protected for rainwater catchment. 

As the visionary developers are well aware, both properties are part of an area protected for rainwater catchment to provide future drinking water to the Gold Coast with a proposed dam at Byrill Creek. 

Tweed Council confirms warnings received by the prospective developers that, as with the adjoining "Bhula Bhula" property, the area they are advertising as designated for residential lots in  "Mt Warning Eco Village" is reserved for future water-catchment — no habitation is permitted.

Despite the restrictions to potential use of the and and the failure to lodge development applications, the advertised Eco Village was promoted nationally and internationally, and loans are sought to facilitate purchase of the land by Darwin, Brennock & co in a prospective shareholder agreement with landowner Peter van Lieshaupt.

To silence opponents, Darwin, Brennock and their bully-boyz aggressively confronted and made defamatory ad hominem attacks on all who have exposed or opposed them.

To date, no development application has been approved for the establishment of a village on the protected land, and despite dishonest assurances by Darwin’s boyz that they do have green-lit DA approval, no Development Application has even been initiated.

Tyler Tolman celebrating the launch of "Mt Warning Eco Village" with Adrian Brennock

In 2016, with fake shares in the failed Bhula-Bhula Community still being sold, Mt Warning Eco Village was advertised as a unique opportunity to buy into an “entire town” on 3,500 pristine acres. Plans include a medical cannabis university and dispensary with a luxury spa hosted by international celebrity health coach Tyler Tolman, who runs an expensive Bali resort offering “Heal Thy Self” juice fasts. 

In August 2016 Mark Darwin posted online: “Now we've just bought the entire township of Mount Burrell, and are taking on investors who wish to join us... Tyler Tolman has secured space at our Intentional Community near Mt Warning.” Asked about his participation in the alleged fraud, Tyler Tolman confirms he is collaborating with the venture.

 

Mark Darwin and the Boyz

Mark Darwin, Caroline Coman

Mark Darwin, a master of chameleon disguise lurking in the background, assumes the identities “Annonymous BB Wife” and “Dummass Boofhead” to menace those who attempt to expose his fraud. 

A snake-oil marketing master, Mark Darwin presents himself as a former high-flying finance-monger who had a glorious epiphany when he was healed of a brain tumor by Tyler’s celebrity father, Don Tolman. He tells how he was transmogrified from a scurrilous money-grubber into a humble "Sovereignty" guru, saving people from corporate enslavement - for a fee - by sharing "Freeman" tricks such as how to get off paying fines and how to abuse the legal system for commercial advantage. 

"Sovereign Citizens" promote their own mashup of common law that's held above government statute. They assume the right to trample truth, discard moral and ethical oversight and ignore legislation that constrains normal mortals from anarchy. 

So, regardless of expressed platitudes denying intent to hurt or harm others, "Sovereign Citizens" or "Freemen" feel they are specially empowered to deceive and defraud if it profits their supreme cause. Being a law unto themselves, able to perjure with impunity and with aggressive enforcers at their bidding, Darwin and the Bully-Bully Boyz boast that they will evade accountability, according to their supreme golden rule:

“The Law of the Brute” -- They score the loot and defrauded investors get the boot.

Adrian Brennock, "AB"

While Mark Darwin is a charming salesman and sovereignty mentor skilled in strategic flattery and duplicity, his diminutive partner is  Adrian Brennock, known at first a "Mr X", aka Andrew Brennon or “AB”. He is a professional loan shark who claims he is a "former plumber". 

Kelly McSween, Sales

Puppet directors Steven McSween and Richard Moate were set up to carry the can in the Bhula-Bhula scam. 

For two years, with dishonest marketing by Kelly McSween hiding the harm caused to those they betrayed, Darwin’s gang have continued advertising and selling residential lots in a “harmonious community,” headed by “new young energy”, without revealing their lack of DA approval and environmental constraints on use of the advertised sites.

 

After being exposed in several local newspapers, Darwin and cohorts simply scrubbed online references to Bhula-Bhula Community, issued threats of extreme litigation to their opponents, then popped-up a new front and continued marketing a “once in a lifetime opportunity to own a town”.

    Philip Dixon - Mt Warning Ecovillage

Working closely with Philip Dixon, Darwin says they’re “recreating the village”. He promotes the venture as “ethical, sustainable and green”, as he continues flogging fake shares in a community fiasco built on environmentally protected land without development approval.

The “village”, intended to span three properties with a projected total of 2,300 dwellings, is advertised at mountwarningecovillage.com.au: “Recreating the Village through Community Spirit and Respect of the Planet”.

Distancing the elitist Mt Warning Eco Village from neighboring communities of farmers and local pot-growing hippies who keep alive the communitarian values of Nimbin's 1973 Aquarius Festival, potential buyers are assured: “Make no mistake, these aren’t your daddy’s hippy communes”:

“Those who find themselves on the pioneering growth edge of communal living are calling for a return to our roots… and are advocating for a cultural resurgence of a new form of village living. Learning from both the successes and missteps of our parents’ generation, conscious Millennials and Gen-Xers are uniquely poised to Re-Inhabit the Village in ways the world has never seen.”

Mount Warning EcoVillage Website

Location of the property

Tours showcase the environmentally protected areas that are offered for sale with optional cabins for only $150,000:

 

“We encourage you to book a tour with us to explore this incredible 3,500 acre project. The tours are usually twice a month (on weekends) and commence at 8am (NSW time) and conclude with a lovely lunch at a log cabin in the middle of the property over looking Tallow Wood Dam at around 1pm. During the tour, you will meet the Founders, existing members, and also some local tribal elders who will welcome you to country, and show you how to introduce yourself to country over time…”

Environmentally protected land offered for habitation at Mt Warning Eco Village

Anyone who enquires about the advertised “ethical investment opportunity” in the Mt Warning Eco Village is first required to reveal their phone number. The automated response is slightly menacing: “We’ve got your number.”

Criminal charges exposing the land-share scam were initiated in private prosecution by Gi Linda on March 28 at Murwillumbah Court after Mark Darwin and cohorts failed in desperate attempts to liquidate the land asset. Legal action by Tweed Shire Council in the Land and Environment Court continues, as well as an investigation by Coomera police. 

Litigation and fraud investigation continues as Darwin, Brennock and cohorts persist in soliciting loans to enable them to purchase more properties for their proposed "Ecovillage", located on environmentally protected land.

"Millennials and Gen-Xers" who are “uniquely poised to Re-Inhabit the Village in ways the world has never seen”. Certainly the world has seen every type of scam, but perhaps this one really is original?

Great profit and special privilege can evidently be gained from the simple intent to “re-inhabit” land that is not legally habitable.
    

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