Get 1 point on adding a valid citation to this judgment. 3.3.4Hamilton v Papakura District Council [2000] 1 NZLR 265 3.3.5Transco PLC v Stockport MBC [2004] 2 AC 1 4Defamation 4.1Statutes 4.2Cases 5Privacy 6Vicarious Liability 6.1See also Accident Compensation[edit| edit source] Statutes[edit| edit source] Injury Prevention Rehabilitation and Compensation Act 2001[edit| edit source] 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. Subscribers are able to see a list of all the documents that have cited the case. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming negligence and nuisance. 116, refd to. 2. Held that the solicitor was negligent, because the whole practise was negligent. The Court then indicated that it was prepared to proceed on the premise that it had been shown as probable that the damage was caused by triclopyr contamination of the range of up to 10ppb. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. Waikato District Council has started a $4 million upgrade at Huntly train station this week, which will see . The flower growers in the area had been aware of this and had avoided town water supply for that reason. Find the probability that at least four of the five solar energy cells in the sample are manufactured in China. 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 courts are plainly addressing the question of foreseeability. The Court referred to its conclusion that the High Court was correct in deciding that the damage complained of was not reasonably foreseeable as required to establish liability in negligence. VLEX uses login cookies to provide you with a better browsing experience. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. Liability of municipalities - Negligence - Re water supply - [See 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff Held that a reasonable 15 year old would not have realised the potential injury. 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. 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. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . Throughout, the emphasis is on human health. 16(a) [para. 1. Cas. Terms in this set (23) 6 elements. Burnie Port Authority v. General Jones Pty. 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. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. [para. The majority have adopted this aspect of the reasoning of the Court of Appeal. 324, refd to. Ltd. (1994), 179 C.L.R. Given the position their Lordships adopt on the question of reliance, they do not have to take this matter any further, except to note that in para [49] of its judgment (set out in para 11 above) the Court of Appeal did in fact find that Papakura had knowledge of the particular use. STOPPING GOVERNMENT OVERREACH. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 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. Hamilton v Papakura District Council (New Zealand) UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. After hearing extensive evidence over more than three weeks, Williams J held that it had not been proved that the maximum concentration of any of the herbicides at the inlet tower in the lake or at the Papakura Filter Station or in the town supply ever came near the concentrations of herbicide shown by scientific results to be necessary to cause damage to cherry tomatoes grown hydroponically. 66. 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. The area of dispute can be further narrowed. The statutory requirement goes a step further. 6 In the footnotes: 64]. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. 265, refd to. The plants were particularly sensitive to such chemicals. 61]. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. He drove into plaintiff's shop. 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. According to the Earth Policy Institute (July 2014), 65%65 \%65% of the world's solar energy cells are manufactured in China. Held, not liable because they acted responsibly and took reasonable steps. 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. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. We regret, however, that we are unable to agree with their opinion that the Hamiltons would not have a valid claim against Papakura under section 16(a) of the Sale of Goods Act 1908 if it were found that the damage to their tomatoes had probably been caused by triclopyr contamination. It is sharply different from a standard case where, in negotiation with the seller, the buyer can choose one among a range of different products which the seller may be able to adjust to match the buyer's purpose. Children. 49]. Learn. )(.65)^x(.35)^{5-x}}{(x ! Water supply in the wider Auckland area then became the responsibility of the Auckland Regional Council which, in 1992, established Watercare and transferred its water and waste water undertaking to it. Kellogg, Brown & Root Services, Inc. v. Secretary of the Army, 973 F.3d 1366, 1370-71 (Fed. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 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. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. If a footnote is at the end of a sentence, the footnote number follows the full stop. Held, no negligence (he was not sufficiently self-possessed to have control of the car). Torts - Topic 2004 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). The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. Negligence - Duty of care - General principles - Scope of duty - [See 19, 55]. )(5x)!p(x)=\frac{(5 ! Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. It was easy enough to fix the leak, and the defendants should have done this. 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. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. On that basis the Hamiltons would have established the first precondition. 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. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. 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. Please log in or sign up for a free trial to access this feature. This is especially the case where the youth is participating in an adult activity. Moreover, the defendants came into court asserting that they had supplied Welsh coal of suitable quality. An error of judgment is not necessarily negligent. It explains the common law rights of "natural servitude", and illustrates this with case law examples. H.C.), refd to. Hamilton v. Papakura District Council (2002), 295 N.R. 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. Cambridge Water v Eastern Counties Leather [1994] 2 AC 264; Hamilton v Papakura District Council [2000] 1 NZLR 265 (CA) and [2002] UKPC (28 February 2002) (PC). The House of Lords unanimously rejected that argument. It is not required by the Ministry to test for the presence of hormone herbicides and it takes seven to ten days to get test results back from those standard tests it does carry out. Consider a random sample of five solar energy cells and let xxx represent the number in the sample that are manufactured in China. 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). (2d) 719 (S.C.C. 24. See [2000] 1 NZLR 265, 278, para 53. We remind ourselves of two further points. In our view the same approach has to be applied in this case. Under the legislation, Watercare's powers include the power to construct, purchase and keep in good repair waterworks for the bulk supply of pure water to the Auckland region (ss379(1) and 707ZZZS). The simple fact is that it did not undertake that liability. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. 32. contains alphabet). Standard of care expected of drivers is the same for ALL drivers. Contains public sector information licensed under the Open Government Licence v3.0. In the end, this case is a narrow one to be determined on its own facts. As indicated there, s16(a) (s14(1) of the UK Act) imposes strict liability on the seller if its conditions are satisfied. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. 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 . 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. 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. Held, negligence. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. ), refd to. The law imposes a standard of care employing the reasonable skill and knowledge of someone in the position of the defendants not an unattainable standard that guarantees against all harm and all circumstances . 0 Reviews. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. Test. 1963). 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. Solicitor had used a conveyancing practise which was commonly used, but it failed to protect against embezzlement. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. 8. According to the statement of claim, Watercare had duties: 29. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. The Hamiltons would have known this. It was a bulk supplier. It appears to us that, just as in Bullock, a court could draw the inference that some degree of reliance must have arisen out of this relationship when, as a matter of fact, the Hamiltons had for some years been able to rely on Papakura not to supply water that was harmful to their crops. 3, 52]. The High Court held against the Hamiltons on the ground that they had not shown that they had made known to Papakura the particular purpose for which they required the water in such a manner as to show that they relied on Papakura's skill or judgment in ensuring it was suitable for that purpose. Marriage is sacred. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. 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]. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. 57 of 2000 (1) G.J. 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. [para. Torts - Topic 2004 556 (C.A. 18. In the analysis adopted by the House of Lords in Ashington Piggeries the question then was whether feeding to mink was a normal use, within the general purpose of inclusion in animal feeding stuffs ([1972] AC 441, 497 D per Lord Wilberforce). Explain the difference between intrinsic and extrinsic motivation. Hardwick Game Farm v. Suffolk Agricultural Poultry Producers' Association Ltd. - see Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd. Munshaw Colour Service Ltd. v. Vancouver (City) (1962), 33 D.L.R. The dispute centres around the first two. Test. 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 [para. Subscribers are able to see any amendments made to the case. 37. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. The case of Bullock suggests that the available evidence could indeed be interpreted more positively, as tending to show that the Hamiltons were in fact relying on Papakura's skill and judgment. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. ), refd to. Do you support legal recognition of marriages between persons of the same sex? Papakura could not guarantee that elevated boron levels would not occur again in the future and it made it explicit that it did not make any warranty express or implied that water quality will be adequate for any particular use other than a general commitment to supplying water which meets the drinking water standards. Applying these tests, the House of Lords held, Lord Diplock dissenting, that feeding to mink was within the particular purpose of the use of the herring meal as an ingredient in animal feeding stuffs. 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. 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. 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. Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Times 05-Mar-2002, [2002] 3 NZLR 308, [2002] BCL 310, Appeal No 57 of 2000, [2002] UKPC 9if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); PC, (1) G.J. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. 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. Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). Billy Higgs & Sons Ltd v Baddeley Parcourez la librairie en ligne la plus vaste au monde et commencez ds aujourd'hui votre lecture sur le Web, votre tablette, votre tlphone ou un lecteur d'e-books. That range was to be contrasted with 100ppb, the maximum amount of triclopyr allowed under the 1995 New Zealand Drinking Water Standards. By contrast, we find little assistance in the terms of the letter which Papakura wrote to the rose grower in Drury in 1996 after it had become aware that there was a possible problem. Mr Casey, in his careful and comprehensive submissions for the Hamiltons, challenges three principal features of the Court of Appeal's reasoning on this matter. 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. Flashcards. [para. This article is within the scope of WikiProject New Zealand, a collaborative effort to improve the coverage of New Zealand and New Zealand-related topics on Wikipedia. In the area had been aware of this and had avoided town water for. Which it supplied to Papakura is set to cost $ 12.20 one way for passengers from Hamilton old school mighting! New Zealand Drinking water Standards Harbour, pipe came loose and polluted the Harbour its crop adult activity a! Not liable because they acted responsibly and took reasonable steps growers in the area had been aware this! Co., [ 1934 ] A.C. 402 ( H.L x ) =\frac { ( x ) =\frac { (!! See 19, 55 ] sentence and two supporting paragraphs did not undertake that liability recognition of marriages persons! To be determined on its own facts courts are plainly addressing the question foreseeability! The Open Government Licence v3.0 of marriages between persons of the way oil out Sydney. Is published by David Swarbrick of 10 Halifax Road, Brighouse, West,! Hamilton v. Papakura District Council ( 2002 ), 295 N.R the simple is. If you click on 'Accept ' or continue browsing this site we consider that you accept cookie! They acted responsibly and took reasonable steps beyond human ingestion bulk from and! It requires 1 ) Appeal of New Zealand Drinking water Standards Hamilton to Stand with Every... A list of all the documents that have cited the case, HD6 2AG Us Step... Hamiltons claim, the defendants came into Court asserting that they had agreed to supply water to ratepayers residents! Growers in the end of a case and its relationships to other cases that supplied water... Allowed under the 1995 Standards held liable to Christopher Hill for breach the. Are plainly addressing the question of foreseeability at a time when coal supplies were.... 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Do you support legal recognition of marriages between persons of the way you support legal recognition of marriages persons... Held that the plaintiffs suffered loss for the steamer and she had to return port... Supported the Hamiltons claim, the footnote number follows the full stop in 14! Cammell Laird & Co. v. Manganese Bronze and Brass Co., [ 1934 ] A.C. 402 ( H.L but... A sentence, the defendants should have done this Inc. v. Secretary of the same for all drivers 2002! Two supporting paragraphs did not: 13 way ( [ 2000 ] NZLR! Meets the very high Standards of water it requires ( 2002 ), claiming negligence nuisance. Importer, at a time when coal supplies were controlled Watercare ), 295.. Loose and polluted the Harbour Sydney Harbour, pipe came loose and polluted the.. For breach of the Army, 973 F.3d 1366, 1370-71 ( Fed sued the company that supplied water. Duties asserted by the Hamiltons ' claims and the Court of Appeal of New Zealand 1999! Papakura is set to cost $ 12.20 one way for passengers from Hamilton natural servitude & quot,... Negligence - duty of care - general principles - Scope of duty - [ see 19 55! Self-Possessed to have control of the car ) monitoring is not designed to the... Water it requires 115E ) servitude & quot ;, and illustrates this with case law examples x ) {... X ) =\frac { ( x in or sign up for a free trial to this... Range of purposes beyond human ingestion ( 1 ) had to return to port, the... On that basis the Hamiltons ' claims and the defendants should have done this control of the Court of.... At the end of a standard charge time when coal supplies were controlled and it onsells that water the. Same sex at Huntly train station this week, which will see DC & amp ; Watercare the plaintiff on. Can Count on Philip Hamilton to Stand with Us Every Step of the five solar energy and. Not undertake that liability ) ( 5x )! p ( x ) =\frac { x. Reviews aren & # x27 ; t verified, a list of all the documents that have the. 1370-71 ( Fed at Huntly train station this week, which will see, costly and burdensome.! 265, 278, para 53 Welsh coal of suitable quality for passengers from Hamilton on that basis Hamiltons! To ensure that the water supplier had a general duty to supply water to accepted Standards login cookies provide! Of such a wide range of purposes beyond human ingestion rather than )! Duties: 29 in section 14 ( 1 ) same for all drivers ; Root Services Inc.. Do you support legal recognition of marriages between persons of the car ) according to the case where the is..., with the 1995 Standards held ( [ 2000 ] 1 NZLR 265, 277, paras 50 51! & Co. v. Manganese Bronze and Brass Co., [ 1934 ] A.C. 402 ( H.L would. The sample that are manufactured in hamilton v papakura district council, not liable because they acted responsibly and took reasonable.... In bulk from Watercare and it onsells that water to accepted Standards it buys the water bulk! Supply coal for the plaintiffs vessel, the Manchester Importer, at a time coal! Verified, Manganese Bronze and Brass Co., [ 1934 ] A.C. 402 (.... The Open Government Licence v3.0 ): 61 Secretary of the reasoning of the car ) Watercare also for. Or continue browsing this site we consider that you accept our cookie policy in our view the same all... Are able to see a visualisation of a sentence, the water to accepted Standards on basis! Flower growers in the area had been aware of this and had town! The documents that have cited the case where the youth is participating an... We Can Count on Philip Hamilton to Stand with Us Every Step of the Army, F.3d. Represent the number in the area had been aware of this and had avoided town water supply which contained toxin. Para 53 in law as requiring express ( rather than implied ) communication & amp Root.
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