A vegan woman who tried to stop her neighbors barbecuing meat in their back gardens has had a court appeal rejected by a judge.
Cilla Carden claimed wafting smells of cooking meat and cigarette smoke from next door caused her ‘undue offence’.
She also complained of noisy children playing outside and said she ‘couldn’t enjoy’ her back yard anymore.
‘It’s been devastating, it’s been turmoil, it’s been unrest, I haven’t been able to sleep,’she told 9News.
The massage therapist from Perth, Australia, lost a State Administrative Tribunal case in February.
Now she has been dealt a second blow after her appeal was thrown out in court.
Ms Carden also demanded nearby families dim their patio lighting, keep their pets quiet and not put so many plants in the common garden.
Her appeal submitted on March 29 was rejected on July 29 by Chief Justice Peter Quinlan, who said the 400 pages of evidence were ‘well in excess of anything that might be thought to be proportionate to the issues’.
He added: ‘Ms Carden was given a fair opportunity to present her case, and the learned tribunal member conducted the proceedings fairly and appropriately.’
The tribunal in February said it did not accept that parents letting their children play in their back gardens or using the patio to ride scooters ‘constitutes reasonably a nuisance’.
It added: ‘What they are doing is living in their backyard and their home as a family’.
They said one of the families had moved their barbecue in an attempt to square things over with Ms Carden and had stopped using the patio at night.
Ms Carden told reporters she plans on taking additional legal action.