Portsea neighbourhood dispute: How a beach shack tore ‘Millionaire’s Walk’ apart – as judge makes up her mind after Eddie McGuire gave bombshell evidence

A neighborhood unsure about access to a dilapidated boat shed enjoyed by media identity Eddie McGuire decided by a judge after the TV star gave evidence in the case.

Warring neighbors Ann Hyams and Helen Blythe – who live in a spot in Portsea, Victoria’s Mornington Peninsula, known as ‘Millionaire’s Walk’ – took their feud to the County Court of Victoria in a costly civil trial that ended last week, months after . began.

The suburb is home to some of Australia’s wealthiest people, with transport magnate Lindsay Fox’s palatial mansion just steps away from its feuding neighbours.

The dispute centered on a boat shed at the foot of the cliffs of Port Phillip Bay, where former Millionaire Hot Seat presenter Eddie McGuire was the tenant.

Mrs. Hyams and, by extension, McGuire were denied access to the barn by Mrs. Blythe, prompting Mrs. Hyams to file a lawsuit.

Mrs. Blythe is the widow of former rich lister Brian Blythe, who was once the boss and then chairman of the cleaning and catering company, the Spotless Group, and is also the mother of Laura McLachlan – wife of AFL CEO Gillon McLachlan.

In a double whammy, Judge Brimer ordered that Ms. Hyams be given access to the property and that Ms. Blythe pay Ms. Hyams’ legal fees, which are likely to run into the tens of thousands of dollars.

Eddie’s intervention

The former Millionaire Hot Seat host was among those who stood up for Ms Hyams and gave evidence at the trial.

McGuire signed a long-term lease on the then $10 million Somerset Avenue property in 2008 for about $100,000 a year.

He told the court he had exclusive use of the boat shed while living in the mansion, called ‘Shelley Roc’.

“Mr McGuire stated that it was always possible to walk from the boat shed through the vegetation to the other boat shed at Mileura (owned by Mrs Blythe),” Judge Brimer said in her ruling.

The court heard the McGuires stayed at Shelley Roc throughout the summer and periodically throughout the winter and at weekends.

“Mr McGuire was friends with members of the wider Blythe family before he hired Shelley Roc from the plaintiffs in 2008,” Judge Brimer said.

“Interacting with them, including in and from the two boat sheds, was part of the McGuires’ use and enjoyment of the Shelley Roc lease.”

The court heard the McGuires had helped maintain the boat shed and the stairs leading to it, including the installation of a locked gate with a ‘Private Property’ sign.

Documents and photos released to Daily Mail Australia show the boat shed nestled among bushes just off the iconic Shelley Beach.

There was also much discussion about the stairs leading to the boat shed, as well as a boat ramp and an old borehole.

Boat Shed spat

In a summons filed with the court, Ms. Hyams alleged that the barn and everything else attached to it had been used exclusively by her family, their tenants and invitees for decades.

Mrs Blythe and her now late husband were the former owners of the historic Coonac home of now transport and property billionaire Paul Little on Clendon Road in Toorak, one of the most expansive properties in the exclusive suburb.

The house adjacent to the controversial boat shed was originally built by Walter Waldemar Pisterman, who died in 1989 and left the property to Mrs. Hyams.

The writ stated that Ms Hyams was entitled to the boat shed through an ‘Adverse Possession Claim’, a property rights principle that allows someone to claim ownership of land without paying for it after 15 years of exclusive use of it.

Ms Hyams claimed Mr Pisterman built the shed around 1958 and used it to store beach equipment, swimming accessories, boat accessories, personal watercraft and for recreational purposes while visiting Shelley Beach.

“The boat shed was the main access point to the beach from the plaintiffs’ freehold land, noting that there was no direct access to the beach other than through the boat shed via the cliff steps from the plaintiffs’ freehold land,” the writ said.

‘The boat shed is only accessible via an enclosed staircase connecting the claimants’ freehold land, or via a locked door at the beach end.

‘The Estate and Walter controlled the keys and access to the Boat shed prior to his death and only provided keys and access to their tenants and invited guests.’

Ms Hyams alleged that Mr Pisterman and subsequently his estate had exercised ‘exclusive occupation and control of the boat shed since its construction circa 1958’.

She alleged that the original owner of the disputed land entered into an agreement with Mr Pisterman granting him permission to construct and operate the boat shed on his land in return for a nominal annual fee and permission to use the drilling water pump to share.

However, the court heard that no such fees were ever paid for use of the boat shed.

Tension over ownership of the boatshed rose in 2021 when Ms Hyams claimed people acting on behalf of Ms Blythe had installed locks on the door.

Ms Blythe had purchased the property in 1997 and applied for a new title in 2019, which she claimed removed the previous agreement for the boat shed.

In a defense filed in court, Ms Blythe claimed that her family had paid rates and land tax on the disputed land since the purchase and that the land had always belonged to them.

In handing down her decision, Judge Brimer found that Ms Hyams was entitled to the property due to the length of time Mr Pisterman had owned it.

“The title to the disputed land disappeared on or about November 1, 1974,” she stated.

‘Mrs Hyams had always believed that the disputed land was part of Shelley Roc. It was not until 2019 when she was preparing Shelley Roc for possible sale that she became aware that the disputed land, including the boat shed, was not on Shelley Roc but on Mileura.”