A VEGAN WOMAN has taken her neighbours to court in order to try and stop them from using their barbecue.
Cilla Carden, from Perth, Australia, says she's fed up with having barbecue fumes waft into her garden - which she claims she can't enjoy anymore.
"They've put [the barbecue] there so I smell fish - all I can smell is fish," Ms Carden told Australia-based Nine News on Monday.
"I can't enjoy my backyard, I can't go out there," she stressed.
As well as complaining about the smell of food, Ms Carden brought to court a list of other issues she had with her neighbours which were 'a nuisance'.
She sought legal orders to try and prevent her neighbours from smoking, to prevent their children playing noisily outside and for them to turn their patio lighting down - all of which she claims breaches residential laws.
"It's been devastating, it's been turmoil, it's been unrest, I haven't been able to sleep," Ms Carden said.
She alleged that wafting smells of cigarettes and barbecues had caused "undue offence" to her in her home in the Perth suburb of Girrawheen,
However, a tribunal, and the state's highest court, rejected her claims as unreasonable and lacking in evidence.
"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."
The tribunal also heard that the neighbours had already removed their barbecue prior to the hearing in an attempt to appease Ms Carden, while they'd also discouraged their children from playing ball-games outside.
"[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," the tribunal said.
Despite the rejection, Ms Carden has challenged the decision of the court, and supplied a 400-page appeal in an attempt to overturn it.
