216, footnote 141]. He drove into plaintiff's shop. 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. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. Supplying water for the purpose of covered crop cultivation is supplying it for a particular purpose in terms of section 16(a) of the 1908 Act. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. 53. Paid for and authorized by Vote for Hamilton Compliance by Watercare and Papakura with those well based and long established standards and procedures reinforces the conclusion which their Lordships have already reached that to place upon the water authority and supplier the proposed much higher duties of indeterminate extent would go far beyond what is just and reasonable in the circumstances. AG v PYA Quarries Ltd [1957] 2 QB 169, 184 per Romer LJ (CA) cited in Stephen Todd (ed) The Law of Torts in New Zealand (3 ed, Brookers, Wellington, 2001) 535. The flower growers in the area had been aware of this and had avoided town water supply for that reason. 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 bella_hiroki. The defendant appealed a finding that he was liable in damages. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. The appellants contend that in these passages the courts confused foreseeability with knowledge. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. 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). Solar energy cells. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Employee slipped. Standard of care expected of drivers is the same for ALL drivers. 19, 55]. 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. In particular in the sentences just quoted the Court of Appeal refers not to the knowledge of Watercare but to the reasonable foreseeability of the damage suffered, having regard to the state of knowledge after, as well as before, the event. Cambridge Water Company v Eastern Counties Leather Plc. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. 39. 68. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. 163 (PC), G.J. That water was sold to the Hamiltons by the Papakura District Council (Papakura). Defendants were not liable for driving a lorry with a negligently fastened jack to an emergency callout, when the jack moved and hit the plaintiff. 52. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . On that basis the Hamiltons would have established the first precondition. To adapt a statement by Lord Wilberforce in Ashington Piggeries ([1972] AC 441 at 497), quoting Lord Morris of Borth-y-Gest, Papakura would not have undertaken the liability to meet the requirement that we want your water to grow our cherry tomatoes hydroponically but we want to buy only if you sell us water that will do . 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. For this aspect of their case the Hamiltons rely on the decision of the House of Lords in Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441. We apply the standard of the reasonable driver to learners. OBJECTIVE test. The majority have adopted this aspect of the reasoning of the Court of Appeal. 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. Standard of reasonable adult is usually applied to 15-16 year olds. Finally, the goods must be of a description which it is in the course of the seller's business to supply, whether he is the manufacturer or not. Before making any decision, you must read the full case report and take professional advice as appropriate. Hamilton & Anor v. Papakura District Council (New Zealand) 1. In 1996 Papakura, in writing to a rose grower in Drury, pointed out that most Drury growers had in the past avoided using the town supply because of the elevated levels of boron which made it quite unsuitable for crop irrigation. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. The plants were particularly sensitive to such chemicals. 3. 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. Test. Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. So no question of reliance ever arose. Hamilton v Papakura District Council . 59. Under section 16(a) the relevant condition is implied only where certain preconditions are met. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). Nature of Proximity authority . Professionals have a duty to take care, not a duty to always be right. 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. 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]. So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. The judgments in this case are however clear. An error of judgment is not necessarily negligent. 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. Hamilton and (2) M.P. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. [para. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. 54. 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. If a footnote is at the end of a sentence, the footnote number follows the full stop. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. 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). . Negligence - Duty of care - General principles - Scope of duty - [See We do not provide advice. You also get a useful overview of how the case was received. Hamilton and M.P. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. (Wagon Mound No. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 44. Judicial Committee. Liability of municipalities - Negligence - Re water supply - [See Lewis v. Lower Hutt (City), [1965] N.Z.L.R. It necessarily has some characteristics in common The dispute centres around the first two. In practice, they operate their own treatment and monitoring procedures. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: Unless the Sale of Goods Act 1893 is to be allowed . 330, refd to. Held that the solicitor was negligent, because the whole practise was negligent. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. 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. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. 0 Reviews. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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. Flashcards. ]. It was a bulk supplier. As Lord Sumner pointed out in Manchester Liners Ltd v Rea Ltd [1922] 2 AC 74, 90 the words of section 16(a) are 'so as to show not and shows . Thus, the damage was foreseeable. Great Britain. 49. How is a sensory register different from short-term memory? First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. ), refd to. Cas. 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. Cir. He was unaware of the stroke when he started driving. 28. 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. Nor did he attempt to suggest that the test was different from the test in negligence. Autex Industries Ltd v Auckland City Council. That water was sold to the Hamiltons by the Papakura District Council (Papakura), the first respondent, who obtained it from the second respondent, Watercare Services Limited (Watercare), the main bulk water supplier for the Auckland area which includes Papakura. Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). This ground of appeal accordingly fails. The Hamiltons did not have the necessary knowledge about the purity of Papakura's water supply or about the various factors which might affect it. Do you support legal recognition of marriages between persons of the same sex? (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. Over a period of more than four years, triclopyr residues were only very occasionally detected at the sampling sites in the lake, the highest concentration when detection did occur being 0.8ppb or some 125 times less than the 1995 Standard. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. 11. 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. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. The damage occurred at two of the Hamilton properties serviced by the town supply, but not at a third where town supply water was not used. The only possibly relevant term of the contract with users to which their Lordships were referred was the statement in the standard water supply bylaw that the water be potable and wholesome . Factors to be taken into account by a reasonable person, to determine if there has been a breach: (There was some question whether the 1984 rather than the 1995 Standards were applicable. The law of negligence was never intended to impose such costs and impracticability. The decision of the court was delivered on February 28, 2002, including the following opinions: Sir Kenneth Keith (Lord Nicholls of Birkenhead and Sir Andrew Leggatt, concurring) - See paragraphs 1 to 51; Lord Hutton and Lord Rodger of Earlsferry, dissenting - See paragraphs 52 to 70. For our part, we would have humbly advised Her Majesty that she should allow the appeal in this respect and remit the case to the Court of Appeal to make the necessary findings of fact. 69. Social value - saving life or limb can justify taking a significant risk. Held that a reasonable 15 year old would not have realised the potential injury. If it is at the end of a clause, it . 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. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. Burnie Port Authority v. General Jones Pty. Papakura distributes its water to more than 38,000 people in its district. 16(a) [para. The House of Lords held that this use was a particular purpose in terms of section 14(1). Subjective test. 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). Match. It is also obliged to manage its business efficiently with a view to maintaining prices for water and waste water services at the minimum level consistent with the effective conduct of that business and the maintenance of the long term integrity of its assets (s707ZZZS). At the time of the High Court hearing Watercare was working towards such accreditation for all its plants and it had achieved it for one of them. They now appeal to Her Majesty in Council. STOPPING GOVERNMENT OVERREACH. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. [1] 1 relation: Autex Industries Ltd v Auckland City Council. See [2000] 1 NZLR 265, 278, para 53. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. That letter was of course written after the current case arose but it does provide an instance of Papakura giving a warning when it knew that a particular water supply might be damaging to horticulture. )(.65)x(.35)5x, where n!=(n)(n1)(n2)(2)(1)n !=(n)(n-1)(n-2) \cdots(2)(1)n!=(n)(n1)(n2)(2)(1) and 0!=10 !=10!=1. Sale of Goods Act (U.K.) (1908), sect. Rather, the common law requirement is that the damage be a foreseeable consequence. Advanced A.I. That makes no commercial sense. 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). The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. 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. 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. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. Ltd. (1994), 179 C.L.R. 20. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. No negligence. and the rule in Rylands v Fletcher continue to be applicable. 49]. 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff 6 In the footnotes: Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. Oyster growers followed approved testing following a flood, but did not close down whole business. For a court to impose such a duty would be to impose a requirement on water suppliers which goes far beyond the duty met in practice by those authorities supplying bulk water, a duty which has long been founded on the Drinking Water Standards, standards drawn from World Health Organisation guidelines and from other international material and established through extensive consultation. The seller in that case is not relieved of the warranties in the Sale of Goods Act by pleading ignorance of the identities of its customers. If a footnote is at the end of a sentence, the footnote number follows the full stop. Held: The defendant . The relevant current statute is the Local Government Act. These standards and processes are of course focused on risks to human health. 14. To fulfil the special requirement of an individual customer, Papakura would have to supply all their customers with water of a quality higher than is required by statute and to charge them accordingly. 5. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. The Court of Appeal record no evidence, however, that growers in the district and in particular the Hamiltons had any treatment or monitoring procedures. 116, refd to. 3. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. 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 coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. 55. 265, refd to. And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. Held, negligence. The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. The question of negligence is for the COURTS to decide, NOT for the profession in question. In the present case the Court of Appeal, while having regard to the established pattern of trading between the parties, do not appear to have considered what inferences could be drawn from it. Get 1 point on adding a valid citation to this judgment. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The simple fact is that it did not undertake that liability. How convincing is this evidence? 43. 63]. Common practise of a trade is highly influential, but not decisive. 22. 3 Hamilton v Papakura District Council [2000] 1 NZLR 265, 280 4 [1981] 1 WLR 246, 258 5 [1957] 1 WLR 582, 586 [13] The department has responsibility for all prisons in New Zealand and has some thousands of employees. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. Aucun commentaire n'a t trouv aux emplacements habituels. 2020). 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