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Title: Perth vegan demands neighbour stop cooking barbecues
Source: 9NEWS
URL Source: https://www.9news.com.au/national/p ... db-142b-486a-a30d-28edd354d602
Published: Sep 2, 2019
Author: Elizabeth Creasy
Post Date: 2019-09-04 09:51:08 by misterwhite
Keywords: None
Views: 976
Comments: 18

A Perth vegan has taken her neighbours all the way to the Supreme Court, demanding they stop smoking, bouncing balls and even cooking barbecues in the backyard.

Cilla Carden, from Girrawheen, in Perth's northern suburbs said she's fed up with the smell of meat cooking on the barbecue next door.

"They've put it there so I smell fish, all I can smell is fish. I can't enjoy my backyard, I can't go out there."

The massage therapist claims her neighbours are doing it on purpose.

Ms Carden, a massage therapist, is also furious at cigarette smoke wafting into her yard and the sound of children playing with basketballs next door.

"It's been devastating, it's been turmoil, it's been unrest, I haven't been able to sleep," she said.

But one neighbour invited 9News into the backyard, to show that he's removed the barbecue and told his children to stop playing basketball.

Ms Carden is so upset she has taken her neighbours to the State Administrative Tribunal and the Supreme Court.

"It's deliberate, that's what I told the courts, its deliberate."

But a Supreme Court Judge and the State Administrative Tribunal have sided with her neighbours, dismissing her case.

Her request to appeal the decisions has also been refused.

Ms Carden says she won't give up on her fight and will return to court soon.

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Begin Trace Mode for Comment # 7.

#1. To: All, Tooconservative (#0)

Well, do you agree with her? Should she use the courts to force others to comply with her wishes?

misterwhite  posted on  2019-09-04   9:53:28 ET  Reply   Untrace   Trace   Private Reply  


#4. To: misterwhite (#1)

Well, do you agree with her? Should she use the courts to force others to comply with her wishes?

It's Australia and they're all commies. So I don't care.

Tooconservative  posted on  2019-09-04   11:09:06 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Tooconservative (#4)

https://boom997.com/news/5853199/vegan-sues-bbq-neighbours/

Uh-oh. The word got out and there's hell to pay.

"Now, thousands of people have marked themselves as “attending” a community cookout outside this woman’s home called called event “Community BBQ for Cilla Carden” on Oct. 19.

Nearly 9000 people have said they’re interested in attending the event set for Oct. 19, which clearly intends to mock Carden’s case against her neighbours.

Cilla Carden has a problem with her neighbours cooking meat on their BBQ, because she’s a vegan. Recently taking them to the Supreme Court,” creator of the event Bailey Mason wrote.

“Don’t let Cilla destroy a good old Aussie tradition, join us for a community BBQ, and help Cilla Carden GET SOME PORK ON HER FORK.”

Per the Evening Standard, the court dismissed her case in January, saying she didn’t have enough evidence, but Carden was convinced this was a violation of her rights as a homeowner.

She proceeded to file a 600-page document detailing her appeal, The West Australian reported, saying that she intends to keep fighting the battle.

“What they’re doing is living in their backyard and their home as a family,” the State Administrative Tribunal of Western Australia said, dismissing the case once more.

The tribunal also stated that the neighbours made an effort to appease Carden by by moving their barbecue prior to the hearing last month.

Reducing patio lightning, silencing their pets and replacing plants in their common garden, the Standard says, were just some of the woman’s lofty requests.

The neighbour in question, who remained anonymous, invited Nine News into their backyard, showing that they’ve removed the barbecue and asked their kids to stop playing basketball in the backyard.

“I’m a good person,” Carden told the Nine News. “I just want peace and quiet.”

misterwhite  posted on  2019-09-04   13:34:49 ET  Reply   Untrace   Trace   Private Reply  


#6. To: misterwhite (#5)

“Don’t let Cilla destroy a good old Aussie tradition, join us for a community BBQ, and help Cilla Carden GET SOME PORK ON HER FORK.”

I think displaying revenge motives or public mockery is likely to make the courts more sympathetic to her, not less.

In addition, decisions in cases like this one often are extrapolated by a court to apply to an entire class of similar judicial decisions. Sooner or later, that backlog of previous judicial rulings and/or the recurrence of these types of cases will finally move a court decisively in an unexpected direction. The Australian court, a minor institution in a parliamentary country, is not as radical as the American Court but I wouldn't consider this a slamdunk at all.

Tooconservative  posted on  2019-09-04   13:53:54 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Tooconservative (#6)

I think displaying revenge motives or public mockery is likely to make the courts more sympathetic to her, not less.

Well, she failed twice. Maybe the third time's the charm.

"Per the Evening Standard, the court dismissed her case in January, saying she didn’t have enough evidence …"

"She proceeded to file a 600-page document detailing her appeal … the State Administrative Tribunal of Western Australia (dismissed) the case once more.

misterwhite  posted on  2019-09-05   9:04:32 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 7.

#8. To: misterwhite (#7)

"Per the Evening Standard, the court dismissed her case in January, saying she didn’t have enough evidence …"

Well, she might prevail if 9,000 people show up at her neighbor's house to deliberately inundate her with their smoke and meat odors and she documents it.

She is persistent. And sometimes that is all it takes to eventually prevail in a court.

Tooconservative  posted on  2019-09-05 12:05:34 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 7.

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