Daughter wins out in court battle over Christmas in Portsea mansion kitchen

A court fight over use of a Portsea mansion’s kitchen for Christmas between one of Melbourne’s establishment families has been resolved by a judge.

Will and Celia Burrell.

The daughter of a Melbourne establishment family will be able to use the kitchen at a luxury Portsea home owned by her mother during Christmas and the summer holiday season after a Supreme Court ruling.

But wider legal action between between Celia Burrell of ­Toorak and her mother Janice Shelmerdine over the $11m property is continuing.

The Christmas cooking crisis between the pair, who have been in a legal tussle since Mrs Shelmerdine revealed in May her intention to sell the family property, erupted when Mrs Burrell discovered on November 21 that she could not enter the Portsea compound as the locks had been changed.

Will and Celia Burrell.

The $11 million Portsea property. Picture: Jason Edwards

The property, known as Positano, sits on the clifftop at Portsea and looks out over Shelly Beach.

It boasts a main house, a three-level bungalow home, a tennis court and use of a nearby boat shed.

“A book entitled The Good Daughter’s Guide had been placed on the spare bed next to the only door that had been left unlocked,” Mrs Burrell said in her affidavit.

She retaliated to the lockout by issuing a summons against her mother, demanding the keys to both homes.

The warring parties headed to the Supreme Court to have an application heard over ­access to the kitchen in the main house.

Mrs Burrell asked the court for use of the kitchen and an adjoining toilet.

“At the bungalow I have one small microwave, one small plug-in electric hotplate/cooker, one small plug-in oven only big enough to heat a pie and one outdoor BBQ,” Mrs Burrell said in her affidavit.

The nearby Portsea Beach. Picture: Jay Town

“The kitchen in the main house is the only fully functioning kitchen at Positano. I have generally used the kitchen in the main house in particular for larger family meals, Christmas Day and when I entertain guests.”

Mrs Shelmerdine recently bought a nearby $2 million home and according to Mrs Burrell’s affidavit moved out of Positano in November.

Jack Rush, QC, acting for Mrs Shelmerdine said while she had vacated the property she still intended to use it over summer.

“It is not hard to determine that there has been an absolute breakdown in the relationship between mother and daughter over the course of this year and as a consequence of that the manner in which Positano is used is to be changed because of that breakdown,” he said.

“For the daughter to say she intends to use the bedrooms in the house and the kitchen ‘as my own’, we say is close to preposterous in the circumstances.

“The course of conduct is clearly demonstrative of a relationship that has entirely broken down and people could not be expected and should not be expected to share the same house and the same facility.”

Justice Steven Moore granted Mrs Burrell use of the kitchen in the main house between the hours of 7am - 10pm daily from 4pm on December 22 until February 26, 2021 for the use of food preparation only. He did not grant her use of the toilet.

In making his finding Mr Moore said: “There is a prima facie case that since 2008 the plaintiff has paid the defendant about $870,00 towards the maintenance and improvement of Positano in return for being able to access and use the property.

“In circumstances where the defendant has moved out of Positano, it is vacant, it is difficult in my assessment to justify why the plaintiff should be precluded from accessing the kitchen in the main house over the coming summer period while she and her family are staying in the bungalow.”

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