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I think sometimes we maybe take ourselves a bit too seriously. Having said that, the above video was sent to us by a long-time Flatchatter who has the unique distinction of having taken the landlords of the apartment above his to court to get them to stop the neighbours making noise.
When his committee, strata manager, Fair Trading and the CTTT all let him down, he convinced a district court to issue a noise abatement order against the owners of the apartment, rather than the people who were making the noise, forcing them to make their tenants behave or be evicted.
That still stands as a precedent today (although you wonder if it would have survived an appeal to the Supreme, High or Appeal courts).
But let’s not overthink it and just enjoy this off-the-wall look at what’s really happening on the other side of your ceiling.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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So what is the Austlii court reference for the district court matter?? Please provide so that we can all read it!!!!
Hilarious that’s what the unit above us sounds like. We did speak to them and was told by the wife(owner)to put up with it or go live somewhere else.
Noises which appear to come from the flat upstairs may not originate there. Even the noises from next door can come from two doors away. This is because concrete floors conduct noise very well and can confuse us about their origins. For months we had thought that our neighbours upstairs were having regular sex at 5:30 every morning. One day we confronted one of the occupants and complained. He said he and his flatmate were not early risers and never woke up before 7am. We were sceptical but sometime later when a flat two doors away from us was undergoing repair we heard regular drilling sound which sounded as though they originated next door we realised that tracing the origin of noises was a futile effort. Now the 5:30 sex noise still comes through the ceiling but we just feel happy for our neighbours for having a healthy sex life, early in the morning.
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