Smith v National Hospitality Group Pty Ltd & Anor  VCAT 684 concerned noise from a late night bar in “The George”, a complex in St Kilda comprising apartments, offices and entertainment venues.
A resident brought an application to require the bar to take steps to protect against excessive noise. There were two bases for the application. The first was based on breach of a rule of the OC which prevents lot owners making noise that interferes with the peaceful enjoyment of other lots.
The second ground alleged the noise amounted to a nuisance. The Tribunal pointed out that it does not have jurisdiction to hear claims in nuisance because they arise under the common law. They are not owners corporation disputes within the meaning of the OC Act.
The bar was ordered to install a sound limiting device, and undertake monitoring and reporting of noise emanating from the venue.