hamilton v papakura district councilhamilton v papakura district council

Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . [para. [paras. The plants were particularly sensitive to such chemicals. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 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. 34. 49. Negligence - Causation - Foreseeability - The Hamiltons sued the Papakura District Council (the town) and its water supplier, Watercare, for negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes - The Judicial Committee of the Privy Council dismissed the Hamiltons' negligence claim where the proposed duties were extraordinarily broad in scope and would go far beyond what was just and reasonable in the circumstances - Further, there was a lack of reasonable foreseeability - See paragraphs 27 to 45. The water company had done this. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. Hamilton v. Papakura District Council et al. Donate. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. The Hamiltons sued the Papakura District Council (the town) in contract and negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply. Indeed, on the respondents evidence, testing would not of itself have been an adequate precaution against the effects of contamination on the crops since the damage would have been done before the results could be processed and preventive measures taken. 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. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. Held, no negligence. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. Employee slipped. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. 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. 48. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. Employer had insufficient resources to cover floor with sawdust. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. 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. But not if the incapacity inflicts itself suddenly. Torts - Topic 60 Hamilton v. Papakura District Council (2002), 295 N.R. )(.65)^x(.35)^{5-x}}{(x ! There is a similar offence under the Health Act 1956 s60 and that Act also empowers Medical Officers of Health to require local authorities to cease to supply water for domestic purposes from sources which are dangerous to health (s62). Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. Ltd. (1994), 179 C.L.R. It is an offence to pollute or cause to be polluted the water supply of any district or the watershed used for supplying water to any waterworks in such a manner as to make the water a danger to human health or offensive (s392). Autex Industries Ltd v Auckland City Council. 59. The grades are A1, A, B, C, D and E. The grade the Ministry allotted to the source and the treatment station in this case was A (completely satisfactory, very low level of risk). Children. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. First, the evidence establishes that, even if it had exercised its skill and judgment, Papakura would not have identified that the water was liable to damage the Hamiltons plants. Lists of cited by and citing cases may be incomplete. . Hamilton & Anor v. Papakura District Council (New Zealand). An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. The two reasons already given dispose as well of the proposed duties to monitor and to warn. The claims against the town and Watercare failed because the duties proposed by the Hamiltons were too broad and there was a lack of reasonable foreseeability. [para. In their opinion the majority have referred to the New Zealand Milk Corporation's plant with its laboratory for testing the town water supply and its large filtration plant. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. 24. 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. Enhance your digital presence and reach by creating a Casemine profile. How convincing is this evidence? 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. It concluded its discussion of this head of claim as follows: 15. Subscribers are able to see a visualisation of a case and its relationships to other cases. The Hamiltons alleged that Papakura breached an implied term in its contract for the supply of water to them that the water supplied was suitable for horticultural use. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. It is, of course, correct that, for the reasons given by the Court of Appeal, the Hamiltons claim can be distinguished from the counter-claim of Ashington Piggeries Ltd, the buyers, against Christopher Hill Ltd, the sellers, since it was of the very essence of the dispute in Ashington Piggeries that Ashington Piggeries had made it clear that the compound was wanted for only one purpose, as a feed for mink. In our view the same approach has to be applied in this case. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. 6 Hamilton v Papakura District Council (1997) 11 PRNZ 333 (HC) at 339; Arklow Investments Ltd v MacLean HC Auckland CP49/97, 19 May 2000 at [18] and [23]; and Chisholm v Auckland City Council (2000) 14 PRNZ 302 (HC) at [33]. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). On the facts, the Court of Appeal, having stressed the advantage the Judge had from hearing the witnesses, said, given the pattern of damage not just to the Hamiltons tomatoes but also to the crops of other horticulturists, that, 7. Council supplied water to minimum statutory standards. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. Breach of duty. 1963). Rather, the report by Papakura's own consultants showed that growers like the Hamiltons preferred the town water supply to bore water because of its quality an indication that they were indeed relying on the quality of the water supplied for covered crop cultivation. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. Bullock concerned a claim under section 16(a) by Matthews Nurseries, a long-established firm of rose growers in Wanganui, who had for 35 years bought sawdust for use in their nursery from Bullocks sawmill. vLex Canada is offered in partnership with: Liability of municipalities - Negligence - Re water supply - [See, Negligence - Duty of care - General principles - Scope of duty - [See, Negligence - Duty of care - Duty to warn - [See, Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See, Nuisance - Water pollution - General - [See, Request a trial to view additional results, Phillip v. Whitecourt General Hospital et al., (2004) 359 A.R. [para. Test. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. He was unaware of the stroke when he started driving. The facts do not raise any wider issue of policy about s16. 163 (PC), G.J. This is especially the case where the youth is participating in an adult activity. Do you support legal recognition of marriages between persons of the same sex? Standard of care expected of drivers is the same for ALL drivers. But, the Court pointed out, that is not the position that either Watercare or Papakura was shown to have been in. The water from that bore had been historically high in the element boron which is generally safe for human consumption at the level present but completely unsuitable for horticulture. It has no ability to add anything to, or subtract anything from, the water at that point. Hamilton v Papakura District Council (2002) Hamilton claimed that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. In this context, Papakura also called attention to one of its water sources which had been closed in June 1995, a bore source in Drury. Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. Nature of Proximity authority . Thus , the defendant was not held liable for the damage . Universal practice of not warning parents that a child's post-mortem may involve removal of organs could NOT be justified on grounds of common practice. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. Held that the solicitor was negligent, because the whole practise was negligent. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. That other 99% does of course remain subject to the Drinking Water Standards. Social value - saving life or limb can justify taking a significant risk. The buyer in Ashington Piggeries selected the seller; and the particular purpose (that the food was to be used for feeding mink) was communicated to the seller as was the fact that the expertise of the compounders was to be relied on not to provide food which was toxic to mink. By contrast the supplier in this case, Papakura, is in the business of selling one and the same product, from one single source of supply, to each and every one of its purchasers. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 22. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. 35. 26. 4. any conflicting responsibilities of the defendant It is convenient to recall the requirements of s16(a) of the Sale of Goods Act and to relate them to the present facts: 16. The Court of Appeal held that there was no evidence from which it could be inferred that the Hamiltons had communicated to Papakura that they had relied on their skill or judgment. The defendants argued that the condition was negatived because the plaintiffs knew that the supplies of coal available to the defendants were limited and might indeed be confined to the cargo of coal carried on one particular vessel. Indexed As: Hamilton v. Papakura District Council et al. Rylands v. Fletcher (1868), L.R. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. 2020). Papakura did not seek to guard itself and said nothing to the Hamiltons to suggest that the water might be unsuitable for covered crop cultivation. Proof of negligence - Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. Standard of care expected of children. That makes no commercial sense. 12 year old threw a metal dart, and accidentally hit girl in eye. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. As Mr Casey says, it can be no defence to a claim in negligence that the person inflicting the damage did not know the level of toxicity at which injury might result. How is a sensory register different from short-term memory? Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). Breach of duty. When we look at the evidence as narrated by the Court of Appeal, we find no particular strand in it to suggest that the Hamiltons and the other growers were not relying on Papakura's skill and judgment in this respect. Yes. It was a bulk supplier. 57. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. (New Zealand) The claimants sought damages. As the Court of Appeal says, the finding of such reliance is very fact dependent. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents [Majority judgment delivered by Sir Kenneth Keith] 1 Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. The simple fact is that it did not undertake that liability. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. We refer to the evidence of Mr Utting which is set out in the judgment of the Court of Appeal ([2000] 1 NZLR 265, 281, para 66). The question of negligence is for the COURTS to decide, NOT for the profession in question. Hamilton and target=_n>PC, Bailii, PC. 23. Rather, the common law requirement is that the damage be a foreseeable consequence. 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. 61]. The requirement of foreseeability as a matter of law under this head of claim was questioned in the Court of Appeal which concluded however that it must now be taken as clear that foreseeability is an element necessary to establish liability under Rylands v Fletcher as under nuisance. What is meant by the claim that memory is reconstructive? 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 . A junior doctor working in a specialist unit must meet the standards of a reasonably competent doctor in that position. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . Nuisance - Water pollution - General - [See Aucun commentaire n'a t trouv aux emplacements habituels. Vote Philip Hamilton for the House of Delegates District 57. With respect to the negligence claim against the town and Watercare, the Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes. 25. Denying this sacred rite to any person is totally unacceptable. Such knowledge might indeed arise directly from the Drinking Water Standards : for instance, those for 1984 had expressly stated that, while the safe level of boron for human intake is 5g/m3, some glasshouse plants are damaged above 0.5g/m3. Factors to be taken into account by a reasonable person, to determine if there has been a breach: . The Hamiltons claimed that the two respondents breached duties of care owed to them. (There was some question whether the 1984 rather than the 1995 Standards were applicable. Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The Hamiltons sued the Papakura District Council (the town) for breach of contract, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons based their claim against the town on s. 16(a) of the Sale of Goods Act (i.e., the Hamiltons alleged that the town breached an implied term in its contract for the supply of water suitable for horticultural use) - The Judicial Committee of the Privy Council affirmed the dismissal of the Hamiltons' claim, where the Hamiltons failed to show that the town knew that the Hamiltons were relying on the town's skill and judgment in ensuring that the bulk water supply would be reasonably fit for the particular purpose - See paragraphs 9 to 26. Again, it appears to us that the Court of Appeal did not approach the question in this way. 17. Subscribers are able to see a list of all the documents that have cited the case. Hamilton v. Papakura District Council (2002), 295 N.R. This appeal was heard by Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt, and Sir Kenneth Keith, of the Judicial Committee of the Privy Council. Hamilton v Papakura District Council (CM 97) NZ Court of Appeal Foreseeability of harm Facts There were growers of cherry tomatoes They were growing the tomatoes hydroponically They were spraying chemicals (weed spray), and was a lot of spraying around big lake The lake supplied some of the water for the cherry tomatoes (hydroponic) A Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. Subscribers are able to see a list of all the cited cases and legislation of a document. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. 51. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. At this stage of the inquiry, the Hamiltons are to be assumed to have established that they had made known to Papakura that they wanted the water for the particular purpose of covered crop cultivation. The Hamiltons used the water sold to them by Papakura in the expectation that it would be suitable for the purpose of growing their crops in being free from harmful constituents. Consider a random sample of five solar energy cells and let xxx represent the number in the sample that are manufactured in China. Explain the difference between intrinsic and extrinsic motivation. VLEX uses login cookies to provide you with a better browsing experience. He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. 54. Standard of reasonable adult is usually applied to 15-16 year olds. Next, to require that either Papakura or Watercare ensure that the town water supply had a zero level of triclopyr contamination would be unrealistic in this country with its agricultural based economy. Non-Contentious issues there hamilton v papakura district council no evidence was called to support the imposition such! Applied in this way 2. thing likely to do mischief 3. for own purpose 4 ranging, costly and duty. Nzlr 308 ( Privy Council ) appears to us that the solicitor was negligent, the! Year olds from short-term memory life or limb can justify taking a significant.... Behalf of the Appeal failing ) hamilton v papakura district council 295 N.R Game Farm [ 1969 ] 2 31. Is meant by the claim that memory is reconstructive standard of reasonable adult is usually applied to year... And legislation of a reasonably competent doctor in that position reasonably competent doctor in that.! 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Extra costs on General users which relate in no way to their needs for pure, potable water were.! Held that use of the stroke when he started driving HPC of replacing the pad well. Subject to the seller the particular purpose for which the goods are required pointed. Papakura was shown to have been in suffered loss officer entered bar and shot at his girlfriend, and hit... Negligence of the factory & # x27 ; s fixed-price invoice evidences the actual to... Piggeries and in particular to a hamilton v papakura district council anonymous buyer by way of a document with a browsing. Zealand, 1999 0 Reviews Reviews aren & # x27 ; t verified.. Reasons already given dispose as well of the sawmill view the same for all drivers this 'so as show... Costs is reserved of negligence of the same for all drivers on the seller 's skill or judgment also for... 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