Arasi & Anor and The Owners of Beverley Court

The matter before the court involved a dispute between the owners of a strata unit and their neighbours. The plaintiffs, the owners of a unit at Beverley Court, sought relief from the Tribunal, alleging that the noise from the unit below was causing them distress. The defendants, the owners of the unit below, argued that they had no obligation to mitigate the noise. The case was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the Tribunal had the discretion to make an order to mitigate noise and whether the plaintiffs were entitled to relief on the grounds of peaceful enjoyment of their unit. The court needed to determine the extent of the Tribunal's powers in relation to noise complaints and the rights of strata owners to enjoy their units without interference.

The court found that the Tribunal did have the discretion to make an order to mitigate noise in certain circumstances. However, in this case, the court held that the Tribunal had not exercised its discretion appropriately. The court found that the evidence did not support the Tribunal's conclusion that the noise from the defendants' unit was causing the plaintiffs distress to the extent that it interfered with their peaceful enjoyment of their unit. The court also noted that the plaintiffs had not taken reasonable steps to mitigate the noise themselves, such as by installing floor coverings or using soundproofing measures.

The court ordered that the appeal be allowed and that the decision of the Tribunal be set aside. The court found that the plaintiffs were not entitled to the relief they sought and that the defendants were not obligated to take any further action to mitigate the noise. The court did not make any orders for costs.