In the case of Ammon v Colonial Leisure Group Pty Ltd [2019] WASCA 158 the Supreme Court of Western Australia considered whether a property owner had a claim of nuisance against a neighbouring hotel. The case involved Colonial Leisure Group (Colonial) who owned Raffles Hotel. Guests at the hotel would often use the beer garden and other outside areas. In May 2009, Mr Ammon purchased and moved into a luxury three-bedroom apartment on the fifth floor of an apartment complex (owned by Raffles), which overlooked the Hotel’s beer garden. Mr Ammon and a number of other owners found that after Raffles Hotel had undergone refurbishment in 2014, the noise level dramatically increased.

Mr Ammon commenced proceedings in the Supreme Court of Western Australia claiming that the noise emanating from Raffles Hotel was a private nuisance interfering with the enjoyment of his apartment. It was also claimed that the noise generated by the hotel exceeded the assigned level of noise allowed by the Regulations. Mr Ammon sought an injunction to limit the music at the hotel. On Appeal, the Court found that the primary judge did not err in finding that the hotel’s noise did not constitute substantial interference with Mr Ammon’s property. Despite the fact that the noise levels of the premises (65 decibels) significantly exceeded the assigned noise levels (48 decibels), evidence showed that the noise predominately came from the road that ran past both the hotel and apartment complex. Furthermore, the Court held that Mr Ammon had knowingly chosen to buy an apartment next to the hotel, which meant the noise could not be deemed unreasonable. Accordingly the appeal was dismissed.

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