In the present case there was, of course, evidence that the Hamiltons employed a consultant, Mr van Essen, who contacted Papakura's water engineer to discuss nutrient and element levels in the town-water supply. In the end, this case is a narrow one to be determined on its own facts. 43. Williams J in the High Court dismissed the Hamiltons claims and the Court of Appeal (Gault, McGechan and Paterson JJ) dismissed their appeal (Hamilton v Papakura District Council [2000] 1 NZLR 265). Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. 51. The High Court in the passage quoted and endorsed by the Court of Appeal (see para 31 above) said that in the circumstances it was unable to conclude that it was or should have been reasonably foreseeable to Watercare, still less to Papakura, that water containing herbicides at a fraction of the concentration allowable for human consumption would cause damage to cherry tomatoes grown hydroponically or that they should have foreseen the most unlikely possibility that greater concentrations of herbicides might occur outside the samples obtained through their regular monitoring. 59. Autex Industries Ltd v Auckland City Council. The Ashington Piggeries case did not apply because in this case there was one supply of one product. Hamilton v Papakura District Council. ]. It was easy enough to fix the leak, and the defendants should have done this. To achieve the only higher grade, A1, the management systems associated with the treatment plant needed to have been the subject of accreditation in terms of the requirements of the International Standards Organisation (ISO 9000 or equivalent). Tackle in soccer game held to be negligent. Their Lordships accordingly do not find it necessary to discuss other possible answers to this head of liability presented by Watercare or the issues about the relationship between liability in negligence, nuisance and Rylands v Fletcher considered in the House of Lords in Cambridge Water Company v Eastern Counties Leather Plc [1994] 2 AC 264, in the High Court of Australia in Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 and by two Judges of the New Zealand Court of Appeal in Autex Industries Ltd v Auckland City Council [2000] NZAR 324. The claimant had failed to show that it had brought its particular needs to the attention of the water company, and a claim in contract failed. The House of Lords held that this use was a particular purpose in terms of section 14(1). Denying this sacred rite to any person is totally unacceptable. There is no reason in principle certainly counsel could not suggest one for distinguishing between horticultural use and other uses which might involve special needs, especially when they are known to the supplier, as was the case here for instance in respect of milk processing, food processing and renal dialysis. Subscribers are able to see the revised versions of legislation with amendments. How is a sensory register different from short-term memory? Thus, the damage was foreseeable. [para. Billy Higgs & Sons Ltd v Baddeley Rylands v Fletcher Court of Appeal 1866 Blackburn J supported by house of lords 1868. Courts are NOT bound to find a doctor not liable because of common practice. )(.65)^x(.35)^{5-x}}{(x ! Hamilton Appellants v. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents FROM THE COURT OF APPEAL OF NEW ZEALAND --------------- JUDGMENT OF THE LORDS OF THE JUDICIAL The area of dispute can be further narrowed. We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. They contend, however, that they made that purpose known by implication . Compliance to statutory standards - general principle that if a statute applies, and the defendant complies with the required conduct, this is RELEVANT but NOT decisive in determining liability in negligence. The water would not have been supplied on the basis of such a particular term. 50. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Secondly, the appellants contend that in para [57] (set out in para 14 above) the Court of Appeal wrongly rejected the claim on the basis that the Hamiltons had not communicated to Papakura even the broad purpose of horticultural use . 28. Torts - Topic 60 But not if the incapacity inflicts itself suddenly. Subscribers are able to see a list of all the documents that have cited the case. p(x)=(5!)(.65)x(.35)5x(x! (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. H Hamilton v Papakura District Council Hart v O'Connor J Jennings v Buchanan L Lange v Atkinson Lee v Lee's Air Farming Ltd M Meridian Global Funds Management Asia Ltd v Securities Commission Money v Ven-Lu-Ree Ltd N NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd Neylon v Dickens P Pratt Contractors Ltd v Transit New Zealand Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). bella_hiroki. Facts: The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. The Hamiltons would have known this. Cited Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972 Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula. While the water comes by way of a single bulk supply, many of Papakura's customers, by contrast, do have special needs, including dairy factories and food processing facilities. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. 53. The law of negligence was never intended to impose such costs and impracticability. The simple fact is that it did not undertake that liability. ), refd to. We do not make allowances for learner drivers. Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11 (Supreme Court) Misrepresentation inducing contract, liability of council for defective LIM, assessing and apportioning damages in contract and tort. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. 18. ), refd to. The buyer is to make known to the seller its particular purpose so as to show that the buyer relies on the seller's skill and knowledge. Before the Board, as in the Court of Appeal, the claims against Papakura are in contract and negligence and against Watercare are in negligence and nuisance and under the principle in Rylands v Fletcher (1868) LR 3 HL 330. The Court of Appeal considered that the Ashington Piggeries case was distinguishable in principle, emphasising the importance of the particular facts, a matter to which it also referred in relation to other cases cited for the Hamiltons. The courts are plainly addressing the question of foreseeability. Hamilton v. Papakura District Council (2002), 295 N.R. Employee slipped. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. 63. Learn. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ]. Torts - Topic 2004 Only full case reports are accepted in court. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. . Watercare had, after all, been spraying herbicides in the catchment area and testing the water for a number of years without such damage occurring and without complaint. The appellants emphasise that only one percent of water is ingested by humans and question why the other 99% should not be subject to any standard. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. In May 1992 Bullocks supplied a large quantity of sawdust but, when it was used on a particular bed, it damaged the roots of the roses. 49]. Must ask whether a doctor has acted as a reasonable doctor would. One-eyed garage mechanic who injured his good eye at work and went blind. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. Ltd. (1994), 179 C.L.R. Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. Hamilton and target=_n>PC, Bailii, PC. Explore contextually related video stories in a new eye-catching way. 55. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. (2d) 719 (S.C.C. The High Court rejected this claim on the basis that, as it had already held in relation to the negligence claim, Watercare had no reason to foresee harm to Mr and Mrs Hamilton's tomatoes growing as they were from the occasional occurrence of hormone herbicides in the concentration shown by the tests . 265, refd to. 27. Found Hamilton & Anor v. Papakura District Council (New Zealand) useful? The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. Again this matter need not be taken further, in part because of the finding the Court of Appeal made in para [49] about Papakura's knowledge. Lists of cited by and citing cases may be incomplete. Match. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . That other 99% does of course remain subject to the Drinking Water Standards. It is a relatively small cost on a multi- In this case it is accepted that the third precondition is satisfied. What is a sensory register? Standard required is reasonable skill of someone in the position in the position of the defendant. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. Lord Guest, while not attaching undue importance to the precise phraseology, asked himself whether Norsildmel knew that it was likely that it would be fed to mink ([1972] AC 441, 477 E G), while Viscount Dilhorne held that Christopher Hill had to show that Norsildmel 'should reasonably have contemplated when the contract was made that mink was a type of animal to which it was not unlikely that herring meal would be fed ([1972] AC 441, 487 B). They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. Papakura itself constructed and operated the necessary works to supply water in its district (and for a time to neighbouring districts) from 1922 until 1989. We do not suggest that Bullock is on all fours with the present case, but we none the less find the approach of the Court of Appeal in that case instructive. There can be no assumption of reliance, still less an acceptance of responsibility, by a supplier who is under a statutory duty to supply to a multiplicity of customers water conforming to the drinking water standard. Get 1 point on adding a valid citation to this judgment. 23. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. The relevant current statute is the Local Government Act. The plants were particularly sensitive to such chemicals. On their appeal to the Board, the Hamiltons accept that, were they to succeed on any or all of the legal arguments, the case should be remitted to the Court of Appeal for it to make the necessary factual findings. 5. the above matters must be balanced out. The findings in both courts of lack of reasonable foreseeability are firmly supported by the evidence and provide a second reason why the negligence claim must fail. The Court of Appeal put the matter this way: 38. Held, no negligence. 57. 42. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. ), refd to. Judicial Committee. STOPPING GOVERNMENT OVERREACH. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. 60. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. Probability of injury - Where there is foreseeability of injury, there must also be a probability of damage that would be considered significant by a reasonable person. Indexed As: Hamilton v. Papakura District Council et al. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. Solicitor had used a conveyancing practise which was commonly used, but it failed to protect against embezzlement. No clear authority on mental disability in NZ, but this case is more consistent with the English and Canadian approaches, which is less strict, and there is no negligence if the defendant was not CAPABLE of taking care. Had such possible reliance been brought to Papakura's attention, it would undoubtedly have said, as it did to the rose grower and to other users in Drury, that it could not give that undertaking. This ground of appeal accordingly fails. [para. 4. any conflicting responsibilities of the defendant 48. Held, no negligence (he was not sufficiently self-possessed to have control of the car). Tel: 0795 457 9992, or email david@swarb.co.uk, Adelekun v Revenue and Customs (VAT): UTTC 7 Aug 2020, Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004, Christopher Hill Ltd v Ashington Piggeries Ltd, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. [para. ), refd to. According to the statement of claim, Watercare had duties: 29. 20. Subjective test. ]. Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. VLEX uses login cookies to provide you with a better browsing experience. Donate. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. The appellants submission is that reliance is in general to be readily inferred by the buyer choosing a seller whose business it is to sell goods of the kind required. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. Their Lordships, Mr Casey ( in the position of the Appeal failing,. Not if the reliance is a matter of reasonable inference to the seller hamilton v papakura district council to seller. 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