"Allways speak the truth and you will never have to remember what you said before..." Sam Houston Texans, "We say Grace, We Say Mam, If You Don't Like it, We Don't Give a Damn!"
Ms Carden's complaints were dismissed in the State Administrative Tribunal way back in January. The barbecue issue didn't even really get a run, and her complaints about smoking, kids playing etc were all dismissed. As the Tribunal member said:
Quote
Simply because an occupant of another lot, or an invitee, is irritated or displeased, or objects to smoking, is not sufficient, in the Tribunal's view, that it be classified as using the lot in such a manner or for such purpose as causes a nuisance. Otherwise, any occupant intolerant of noise, smell, light or any other stimuli would be able to unilaterally dictate what would ordinarily be everyday conduct of occupants in their homes or places of work, which are commonly structured in strata developments.
The Tribunal member said much the same thing about all of the matters Ms Carden was complaining of, and the decision was upheld by the West Australian Supreme Court .(Carden v Vallelonga [2019] WASC 289 (13 August 2019))
One thing that also merits comment: in Australia "liberal" means more or less the opposite of what it has come to mean in the US. Here it is more or less the sort of liberalism known to Locke. Our Liberal Party started out on that footing, though over recent years the conservative faction (the "dries") have tended to have the ascendancy over the classical liberals (the "wets"). What you call liberalism is more or less the opposite of what we, and much of the rest of the world, regards as "liberal". The Tribunal member, just by way of example, applied a broadly liberal approach to this case: you can't have us restrict your neighbour's freedom just because you don't agree with what they do.
FWIW I'd love it if Australia was a "liberal utopia" - using both liberal and utopia in the sense they are understood here. The only downside is that we'd have to keep explaining what we mean by "liberal" to Americans.
In my view, many (most?) of our founders were "liberal" in the classic sense.
And thanks for the clarification of the case of the unhappy neighbor.
Geno
The desert is a true treasure for him who seeks refuge from men and the evil of men. In it is contentment In it is death and all you seek (Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)
A “devastated” Australian vegan has taken her neighbors to court alleging they deliberately waft barbecue smoke rich in meat and fish smells across their shared boundary fence and into her property.
She also cited the smell of cigarettes and the sound of children playing with basketballs as adding to her profound discomfort.
The woman from Perth, Western Australia, said the amenity of her backyard has been destroyed because her meat eating neighbors on either side deliberately allow their cookout smells to waft into her yard.
“They’ve put it there so I smell fish, all I can smell is fish … I can’t go out there,” complainant Cilla Carden told local outlet Nine News.
She told Nine News she believed her neighbors were “absolutely deliberate” in allowing their smells to cross into her yard. She highlighted the smell of cigarettes and the sound of children playing with basketballs as adding to her distress.
“It’s been devastating, it’s been turmoil, it’s been unrest, I haven’t been able to sleep,” Carden said.
She can move... Problem solved..
Ex- USN (SS) '66-'69 Pro-Constitution. LET'S GO BRANDON!!!
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