Carson Place

The applicants lived above the respondents in an apartment complex. The respondents were heavy smokers. The applicants alleged that smoke from the respondents' unit drifted into their apartment causing them distress, in breach of s167 of the Body Corporate and Community Management Act which prevents an occupier using his or her lot (property) in a way that creates a nuisance or interference with another occupier.

The Adjudicator found that s167 would only be breached if the applicants could establish that the cigarette smoke was of such a volume or frequency that it would interfere unreasonably with the life of another lot owner of "ordinary sensitivity". Because the applicants tendered no evidence of the extent of smoke emanating from the respondents' lot, the Adjudicator dismissed the application.

Note: for a similar case, see Admiralty Towers [2012] QBCCMCmr 264 (23 June 2011).


Carson Place [2012] QBCCMCmr 503 (8 November 2012)

  • Australia
  • Nov 8, 2012
  • Office of the Commissioner for Body Corporate and Community Management



  • Ian Webb
  • Lorraine Webb


  • Clem Hodda
  • Hannah Kurdha

Legislation Cited

Body Corporate and Community Management Act 1997 (Qld)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product