Kingsdorf v. Kingsdorf, 351 N.J. Super. 144 (App. Div. 2002; Decided: May 20, 2002):

The essence of the doctrine of unclean hands is that a suitor in equity must come into court with clean hands and he must keep them clean after his entry and throughout the proceedings. Borough of Princeton v. Bd. of Chosen Freeholders, 169 N.J. 135, 158 (2001) (quoting A. Hollander & Son, Inc. v. Imperial Fur Blending Corp., 2 N.J. 235, 246 (1949)). “In simple parlance, it merely gives expression to the equitable principle that a court should not grant relief to one who is a wrongdoer with respect to the subject matter in suit.” Faustin v. Lewis, 85 N.J. 507, 511 (1981). Consequently, “where the bad faith, fraud or unconscionable acts” of a party seeking equitable relief form the basis of his contention, equity may deny him its remedies. Rolnick v. Rolnick, 262 N.J. Super. 343, 362 (App. Div. 1993).

Application of the doctrine is discretionary with the court. Princeton, supra, 169 N.J. at 158. “‘The inequity which deprives a suitor of a right to justice in a court of equity is not general iniquitous conduct unconnected with the act . . . which the complaining party states as his ground or cause of action.’” Heuer v. Heuer, 152 N.J. 226, 238 (1998) (quoting Neubeck v. Neubeck, 94 N.J. Eq. 167, 170 (E. & A. 1922)). Rather, “it must be evil practice or wrong conduct in the particular matter or transaction in respect to which judicial protection or redress is sought.” Neubeck, supra, 94 N.J. Eq. at 170.

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