Vegan Took Neighbors To The Australian Supreme Court For Barbecuing In Backyard

Undeterred by legal setbacks, Australian vegan Cilla Carden said Wednesday she's considering further legal action against neighbors who insist on barbecuing fish in their backyard.

The legal drama began in August 2017 when Carden, a massage therapist, took her neighbors to court over the smells and noises coming from their backyard.

Carden, a vegan from Girrawheen, a suburb of Perth, has been in an ongoing feud with Toan Vu and his family because of the family’s activities. When Vu put a barbecue in the backyard to cook, it was the final straw for Carden.

“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,” Carden told Sydney-based 9News.

Carden decided to take Vu to court, claiming the family had violated residential laws with the smells and sounds Vu’s family created. Aside from the barbequing, she repeatedly complained about the smell of cigarettes and Vu’s children playing basketball. Carden felt this became more deliberate as time went on and was ruining her home life.

The case managed to work its way up to Western Australia’s State Administrative Tribunal and Australia’s Supreme Court. Despite Carden’s efforts, the case was ultimately thrown out by both courts. Carden filed an appeal but that was dismissed, as well.

“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,” the Tribunal said. “What they are doing is living in their backyard and their home as a family.”

Carden has made it clear she is not done and will continue seeking a win in court over her neighbors.

Meanwhile, Vu and his family have reportedly removed the barbecue from the yard. Vu has also forbidden his children from playing basketball.