PERTH, Australia: A woman has taken neighbours to court over barbecue row in Western Australia.
“They’ve put [the barbecue] there so I smell fish – all I can smell is fish,” Cilla Carden, who is a vegan, told the media on Monday.
“I can’t enjoy my backyard, I can’t go out there,” she protested.
Carden claims that her neighbours’ activities which include kids playing in the yard and smoking are a form of nuisance and breach residential laws of the city.
To avert further disturbances around her house she wished to obtain orders against neighbours though the court of law.
In her appeal, she demanded the court to issue orders for a family living next door and another neighbour to dim their patio lighting, hush their pets, avoid smoking and replace plants in the common garden.
She alleged the activities caused ‘undue offence’ while she tried to enjoy her life at home in the suburb of Girrawheen.
The State Administrative Tribunal of Western Australia had overruled her demands during a case hearing in February.
“The Tribunal does not accept that [the parents], by allowing their children to play in the backyard… use the patio for small scooters or toys, constitutes reasonably a nuisance,” the tribunal emphasized.
It was noted that the accused family had moved their barbecue to appease the complainant before the date of hearing.
“[They] have not allowed the children out at night, have not used the patio at night, and have not turned on the lights for several months for fear of reprisals from the applicant,” the tribunal noted.
In March, Carden had challenged the tribunal’s decision in the Supreme Court of Western Australia.
She submitted nearly 400 pages in her appeal to which Chief Justice Peter Quinlan remarked, “The volume of material that she has produced… suggests that these matters have to an extent become somewhat overwhelming.”
The appeal was however rejected by the apex court citing lack of evidence and impermissibility of unreasonable claims as causes of verdict.
“They are living in their home as a family,” the judgement read.
Carden plans to take on further legal action.
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