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Evening Standard
Evening Standard
World
Matt Drake

Vegan woman sues neighbours in bid to stop them barbecuing

The vegan claimed smells from barbecues caused undue stress. (Picture: 9 News)

An Australian vegan woman sued her neighbours to court to stop them barbecuing.

Vegan Cilla Carden from Perth, Western Australia, claims her neighbours breached residential laws by barbecuing, smoking and having noisy children.

She sought legal orders to prevent the alleged nuisances, but a tribunal and the state's highest court rejected the claims as unreasonable and lacking in evidence.

But speaking to The West Australian, Ms Carden committed to continuing the legal fight.

She said: “I’m a good person. I just want peace and quiet."

Her neighbours had already moved their barbecue before the hearing (Joel Porter)

The vegan issued a list of demands that included orders for a family living next door, as well as another neighbour, to reduce patio lighting, silence their pets and replace plants in the common garden.

She also alleged that wafting smells such as cigarettes and barbecues caused "undue offence" to her.

Speaking to Nine News, Ms Carden said: "They've put the barbecue there so I smell fish - all I can smell is fish.

"I can't enjoy my backyard, I can't go out there."

The State Administrative Tribunal of Western Australia rejected her demands in a case hearing in February.

The tribunal said: "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.

"What they are doing is living in their backyard and their home as a family."

It was also noted by the tribunal that the same family had already moved their barbecue before the hearing in a bid to appease Ms Carden.

The tribunal added: "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."

Ms Carden challenged the decision in the Supreme Court of Western Australia in March.

When handing down his rejection in July, Chief Justice Peter Quinlan noted she had submitted close to 400 pages in her appeal.

The judge added: "The volume of material that she has produced... suggests that these matters have to an extent become somewhat overwhelming.

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