Persistent noise pollution: Personal suit because of damages to health and life span?

[philip_rhoades]

People,

I have read here with interest several posts regarding action to be taken against completely inconsiderate neighbours who just refuse to behave decently ie who repeatedly, despite numerous visits from police for individual disturbances, continue to behave badly. It appears that my next steps are:

• See the local council about serving a noise prevention notice under section 96 of the POEO Act
• See the local court seeking a noise abatement order under section 268 of the POEO Act

and I am starting to pursue those options. However, I am 68 and regularly losing sleep and amenity because of all the actual disturbances or now, from worrying about if there will be another disturbance tonight, and those things are exacerbating my existing health problems. So while I am retired and therefore have no claim because of loss of earnings, is there an arbitrary calculation that can be done about the cost of the health damage / reduced health / life-span that is surely occuring? Has a claim / suit like this ever been tested in court?

Thanks,
Phil.

 

[Rod]

You also have a common law claim.

I am not in QLD and do not know what POEO stands for.

 

[philip_rhoades]

> You also have a common law claim.

Oh right - thanks!

Sorry - I am in NSW but the acronym is for: "Protection of the Environment Operations Act 1997"