PHOTO: A boat shed has caused a neighbourhood spat in one of Australia’s wealthiest suburbs
A legal dispute has arisen among residents of an affluent neighborhood known as ‘Millionaire’s Walk’ over access to a weathered boatshed that was previously associated with media personality Eddie McGuire. This contentious matter has now made its way to the County Court of Victoria, following a costly civil trial that concluded last week.
The modest boat shed, located at the base of cliffs in Portsea along the shores of Melbourne’s Port Phillip Bay, is situated in one of Australia’s most opulent suburbs. It shares proximity with the lavish mansion owned by transportation mogul Lindsay Fox. In 2009, Eddie McGuire was connected to the property on Somerset Avenue when he reportedly secured a long-term lease for approximately $100,000 per year on the then $10 million property.
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For at least five years, the McGuire family was believed to have leased this holiday home, featuring well-tended lawns, gardens, and a pathway leading to a secluded beach. Documents and photos released to Daily Mail Australia reveal the boat shed’s location, nestled amidst shrubbery near the renowned Shelley Beach.
The contentious issues include access to the stairs leading to the boat shed, a boat ramp, and an old bore well. Ann Hyams, in a legal filing, asserts that the shed and all its associated amenities have been exclusively used by her family, tenants, and invited guests. In this dispute, Ms. Hyams is at odds with Helen Blythe, the widow of former rich lister Brian Blythe, who previously served as the CEO and later the chairman of the cleaning-and-catering company Spotless Group.
Ms. Blythe and her late husband were once the owners of what is now the historical Coonac property on Clendon Road in Toorak, which belongs to billionaire Paul Little, with the estate being one of the most expansive in this exclusive suburb. Ms. Blythe is also the mother of Laura McLachlan, who is married to Gillon McLachlan, the CEO of the Australian Football League (AFL). The home connected to the disputed boatshed was originally built by Walter Waldemar Pisterman, who passed away in 1989, leaving the property to Ms. Hyams.
According to the legal document, Ms. Hyams claims ownership of the boatshed through an ‘Adverse Possession Claim,’ a property law principle that allows a person to assert ownership of land after 15 years of exclusive use, without payment. Ms. Hyams maintains that Mr. Pisterman constructed the shed around 1958, utilizing it for the storage of beach equipment, swimming gear, boat supplies, watercraft, and recreational purposes while visiting Shelley Beach. The document emphasizes that the boat shed served as the primary access point to the beach from the plaintiffs’ titled property since no direct access to the beach existed apart from via the boat shed or the cliff stairs from the plaintiffs’ property.
The legal filing also highlights that access to the boat shed was only possible through an enclosed stairway connected to the plaintiffs’ titled land or via a locked door at the beach end. The estate of Walter Pisterman, prior to his passing, maintained control over the keys and access to the boat shed, granting them exclusively to their tenants and invitees.
Ms. Hyams alleges that Mr. Pisterman and his estate exercised ‘exclusive occupation and control of the boat shed since its construction around 1958.’ She contends that the original owner of the disputed land had an agreement with Mr. Pisterman, granting him permission to build and utilize the boat shed on the land in exchange for a nominal annual fee and the shared use of the bore water pump.
Lindsay Fox lives just down the road from the warring neighbours
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Tensions regarding ownership of the boat shed escalated in 2021 when Ms. Hyams claims that individuals acting on behalf of Ms. Blythe installed locks on its door. Ms. Blythe purchased the property in 1997 and applied for a new title in 2019, asserting that this action nullified the previous boat shed agreement.
The resolution of this dispute is pending a future court date.
SOURCE: THE DAILY MAIL