Marley causes a stink
Friendly cocker spaniel told he’s ‘too smelly’ to go in highrise lift
BY all accounts Marley is an excellent dog.
Court documents describe him as “reputedly an alert, cheerful, active, docile, attentive, intelligent and affectionate cocker spaniel”.
But the body corporate running Beaches apartment complex at Surfers Paradise had a different view – “malodorous”.
Marley was deemed “too smelly” to ride the lift to unit owner Brian Backshall’s 25th floor sub-penthouse.
The conflict sparked a legal battle that went all the way to the Queensland Civil and Administrative Tribunal.
Justice Tim Carmody’s 24page decision on the matter, essentially told the parties to sort it out themselves.
Beaches body corporate originally denied Mr Backshall’s request that Marley be allowed to travel in the lift, saying “members voted against the motion to approve Marley’s future visits to Beaches based solely on the unsuitability of the lifts for transporting such a malodorous dog”.
“In the committee’s best judgment it was just ‘too smelly’ to ride the lifts from the carpark to the respondent’s unit without unduly in- terfering with someone else’s use and enjoyment of another lot or common property”.
All concerns were dismissed when the issue was taken to mediation after Justice Carmody ruled the mat- ter be returned to the body corporate.
Mr Backshall said yesterday that the body corporate had agreed to let Marley travel in the lift as long as he was covered by a towel to contain any possible odour.
Justice Carmody noted “the highest risk Marley posed to the residents ... was one of inconvenience rather than undue disruption or nuisance”.