23 Jul 2018

NightCap Eco Village Nightmare

Local outrage opposing 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.

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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".

This litigation by investors who paid for the land during 2014-15, is intended to achieve restitution by stopping the transfer of  land to the same controllers under the new name NightCap Village, or Nightcap Eco Village, or NightCap on Minjungbal. The name always changes but the scam remains the same.

Eight years ago, the marketing offer was the same as today: co-ownership of land with membership of an Intentional Community in exchange for purchase moneys for property... but that is not what duped investors got during 2014-2018! 

Despite assurances by Tyler Tolman in his promotional video for Nightcap Eco Village that investors will have title to the land they purchase, the proposed multiple occupancy development does not have prior development approval, as required by local authorities. It is located on environmentally sensitive land subject to protective regulations, with intense local opposition to the proposed "village"

Inspired by his successful brother, property developer and A-Mart billionaire, attempts by Peter van Lieshout to build "Nightcap Village" on his 3,000 acre Mt Burrell property date back to 2007, when his wife, Joan van Lieshout, was Mayor of Tweed Shire Council. A development application was approved by the council despite intense local opposition to the proposed 300-home development in an environmentally protected region.

The project was revived in 2016 when landowner Peter van Lieshout offered shareholder agreements to Adrian Brennock, Mark Darwin, Cherie Stokes and Phillip Dixon, after their "Bhula Bhula Community Village" on the adjoining property failed and those who had paid for the land were violently evicted without return of their investment.


Prospective investors in the current "NightCap Village" are also not informed that the opportunity to obtain development approval is already closed. 
 
Misleading, confusing, conflicting marketing claims by Oliver Baker and Tyler Tolman affirm that the current "NightCap Eco Village" already has development approval, while they also claim that applications will be filed before August 2018 and the process of approval is expected to take four months, or maybe "some time".

Marketing offers and promises based on deceptive town planners' reports claim that "NightCap Village" benefits from continuation of the DA approval granted to Peter van Lieshout's "Nightcap Village" in 2007. 

The falsity of these representations is evident in council records and newspaper reports confirming that the first attempted Nightcap Village failed due to high infrastructure costs. Development approval lapsed in 2009 and has not been restored. 

Potential new investors who have read the NightCap Village marketing disclaimer, in tiny font, that actual events may turn out to be quite  different from any marketing promises, and have done due diligence as suggested, will discover that August 2018 is the statutory cut off for approval of land-share development applications in Mt Burrell region.

Tweed Shire Council was asked to respond to Nightcap Village marketing claims that development applications would be filed before the "cut-off date" of August 2018, and that approval could be expected within four months. 

Tweed Shire Council confirms the application process for such a complex development normally takes two years and there has been no change to the cut-off date for completion of development approval applications already in process, with a "6 August deadline for the cease of permissibility of rural landshares in the Tweed."

"On 5 August 2016 the NSW State government repealed State Environmental Planning Policy (SEPP) No 15 – Rural Landsharing Communities. NSW SEPP (Integration and Repeals) commenced on 6 August 2016.  This SEPP will be repealed on 6 August 2018. This SEPP provided a legislative tool, for a predetermined period of time, for landsharing communities to have an approval path following the repeal of the previous SEPP.
 

The application cannot be determined after the repeal date of 6 August 2018 as rural landsharing communities currently rely on this SEPP for permissibility within the Tweed Shire Local Government area.”   

This means that the final date for approval of rural landsharing communities at Mt Burrell is August 6, 2018.

Until now, no development application has been lodged for the proposed "Nightcap Eco Village" marketed by Oliver Baker and Richy-Rich Moate, with the helpful celebrity endorsement from Tyler and Don Tolman.

New names, nice faces, fake promises, old lies...

So before investing in  a home site on Tolman Ridge, take note that earlier investors are currently suing with claims over $2 million against the "NightCap Village Team", or "NightCappers" who ensure in their Info Kit smallprint disclaimer, as earlier investors discovered to their great cost, that these sophists and slanderers take no responsibility for actual outcomes that may significantly differ from their promises:

The information provided in this kit is true and correct at the time of publication, however this project is in its early stages and so the Directors, Founders and any other members of the NightCap Village team accept no responsibility for actual outcomes. 
  
Buyer Beware! 

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25 Jun 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"

Since then, Tyler Tolman has ignored repeated warnings. He now refuses to communicate with defrauded investors, blocking contact on social media.


Tyler and Don Tolman plant a tree on "Tolman Ridge"
Tyler and Don Tolman plant a tree on "Tolman Ridge"
In 2018, visiting the proposed site of "Nightcap Eco Village" with his father, Tyler Tolman 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! In three weeks 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.

 

Three adjoining properties are intended to be included in "Nightcap Village," with a projected 300 dwellings and "shopping center"

During 2014-16, the idyllic "dream" on sale was an "Intentional Community" called "Bhula Bhula Community Village". New investors are not advised that ownership of the  640 acre property at 3222 Kyogle Road is contested by previous investors who claim to have been defrauded.

Tyler Tolman and Adrian Brennock Survey Nightcap Forest
Tyler Tolman and Adrian Brennock Survey Nightcap Forest
The communitarian vision, now called "Nightcap Village," was launched by Mark Darwin and Adrian Brennock in 2014, but in 2015 Adrian Brennock usurped legal title from those who had paid for the land.
  
After making marketing representations promising co-ownership of the land, investors' funds were used to purchase the property through a private company. As self-appointed director and sole shareholder with a $1 share in the company, Adrian Brennock then claimed personal ownership of the land.

Instead of being co-owners of the land, Brennock made investors "Unit Holders" in a fake "Trust", as owners of nothing. He falsely said that investment moneys were paid as a non-returnable "Application Fee" for supposed membership of the "Bhula Bhula Community Village".

During 2016-17 all investors were evicted from the land without restitution. Adrian Brennock then placed the company in External Administration with Vincents Chartered Accountants on July 4, 2017, in an attempted phoenix move to defeat liabilities.

A false narrative laced with calumny, spread by Mark Darwin's marketing assistant, Oliver Baker, wrongly advises potential investors that litigation ongoing since 2016 was decided in favor of the developers. Assurances that defrauded investors have had, or will soon have, their funds returned by Darwin and Brennock are false. 

Attempting to publicly distance himself from his dishonorable associates, Tyler Tolman never names the project controllers.
Tyler Tolman celebrates with Adrian Brennock
Tyler Tolman celebrates with Adrian Brennock

Extracts below from the affidavit of Vincents' Liquidator, Steven Staatz, show that NightCap Village is contracted with the company controlled by Adrian Brennock in a phoenix move to acquire the property paid for by investors in "Bhula Bhula Village Community".

Attempting to avoid the claims of defrauded investors, Adrian Brennock is now positioned to sell the land asset he dishonorably usurped to his collaborator Phillip Dixon, co-director of Nightcap Village Pty Ltd, with a contract of sale for $1 million over market value

Brennock proposes to provide "vendor finance" with a mortgage over the land and a circular loan to Phillip Dixon, repayable in five years.

Tyler and Don Tolman at  Nightcap Forest
Tyler and Don Tolman at  Nightcap Forest
An application, case QUD 32/2017, in Brisbane Federal Court by Vincent's liquidator Steven Staatz requests authority to sell the land to Nightcap Village. It is opposed by 28 investors who paid for the property and claim to have been defrauded.   

Parties to the cross claim and class action claim proprietary rights to the property. Seven other respondents believe they have an equitable interest in the land.

The cross claim names Adrian Brennock, Mark Darwin and Phillip Dixon as cross-respondents with Vincents' Liquidator, Steven Staatz. The Application of Joiner of Parties will be heard on July 11 at Qld Federal Court.

Meanwhile, neighbors report that the avocado tree planted by Tyler and Don Tolman has met a symbolic fate:

"The Avocado tree being ceremoniously planted at Tolman Ridge in the promotional video was planted in clay in the middle of a 4 wheel drive track and has been run over and destroyed." 
 

Don Tolman tours Nightcap Forest with Tyler Tolman
Don Tolman tours Nightcap Forest with Tyler Tolman