An Australian woman is suing her neighbours to stop them from using their barbecues, which she claimed is preventing her from going out in the backyard due to the smell of meat and fish. After the state's highest court dismissed her appeal, the vegan woman in Western Australia said she will continue a legal fight against her neighbours.
Cilla Carden, a resident of Perth suburb in Girrawheen, said her neighbours' activities, which included barbecuing, smoking, chairs scraping on concrete, as well as their noisy children and pet birds, have robbed her of quality life. The woman, who is a massage therapist by profession, alleged that the wafting smells of cigarettes and barbecues had caused "undue offence" to her. Carden said she couldn't enjoy her backyard as her neighbours "deliberately allow their barbecue meat and fish smells to waft into her yard," according to Australian news portal news.com.au.
It is not just the smell of meat and fish that has made her furious but also the smell of cigarettes and the noise of children playing with basketballs. Carden described the problem as devastating and her experience as a turmoil because she hasn't been able to sleep. Her neighbour Mr Vu, however, said he just wanted to “keep the peace” and had removed the barbecue out of his yard and also banned his children from playing basketball.
The Supreme Court of Western Australia, the state's highest court, rejected Carden''s claims as unreasonable and lacking in evidence. However, Carden on Tuesday told the Australian media that she is committed to continue a legal fight against her neighbours. She added that she is a good person and wants peace.
The massage therapist vegan has been embroiled in a battle with Toan Vu, his wife and children since late 2018. Following her claims that were rejected by a state tribunal earlier this year on lack of evidence, she appealed to the Supreme Court of Western Australia for the right of appeal. It was also turned down in July. Lawyer John Hammond said going to the Supreme Court was an “extreme option” — but it hadn’t stopped Ms Carden from further appealing the case. She told Australian media that she believed her neighbours were “absolutely deliberate” in allowing their smells to cross into her yard.
(With inputs from PTI)