A woman in the Western town of Australia, Perth has sued her neighbors for using the barbeque. According to Cilla Carden, the neighbors, along with barbecuing, were breaching residential laws by smoking and allowing noisy children. Based on Carden’s report published by the Supreme Court of Western Australia judgment, the smell of the cigarettes and barbeque had caused her ‘undue offence’.
“They’ve put [the barbecue] there so I smell fish – all I can smell is fish,” reported Carden to Nine News on Monday. Carden is a vegan. “I can’t enjoy my backyard, I can’t go out there,” she added.
Carden has hence resorted to a legal protection in order to prevent the nuisance. Sources however suggest, that a tribunal and the state’s highest court has refused her claims on the grounds of being unreasonable and lacking evidence.
Among suing her neighbors for barbecuing, Carden seemed to have a long list of complaints, about a family living next door. She wanted them to minimize the patio lightning, along with silencing their pets, and replacing plants in the common garden.
As report suggests, the State Administrative Tribunal of Western Australia has rejected her issues in the case hearing in February. It also included the request for the children to remain quiet while playing outside. Moreover, sources suggest, the family had moved their barbeque before the hearing.
Carden has however challenged the tribunal’s decision in the Supreme Court of Western Australia. Allegedly Carden has submitted 400 pages stating her appeal and intends to take further action.
“The volume of material that she has produced… suggests that these matters have to an extent become somewhat overwhelming,” Chief Justice Peter Quinlan said.