Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. 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. 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. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. The relevant current statute is the Local Government Act. 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. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. Gravity of risk - special risk to plaintiff should be taken into account if the defendant KNOWS about it. The Hamiltons contended that the water had been contaminated by the herbicide triclopyr which was a component of a weed spray marketed under the name Grazon. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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 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. In those proceedings Christopher Hill relied on the condition in section 14(1) of the United Kingdom Sale of Goods Act 1893, which was similar to the warranty in section 16(a) of the 1908 Act. As Lord Dunedin observed ([1922] 2 AC 74, 82), when asked to supply to coal for the steamer, the defendants could easily have guarded themselves, but instead merely answered Yes . Test. Lists of cited by and citing cases may be incomplete. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. Denying this sacred rite to any person is totally unacceptable. Hamilton v Papakura District Council. 556 (C.A. Click here to remove this judgment from your profile. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. Papakura distributes its water to more than 38,000 people in its district. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. 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. New Zealand. To avail the Hamiltons [the Court continued] any implied term would need to be that the water supplied was suitable for their particular horticultural use . Judicial Committee of the Privy Council Judicial Committee. That assurance covers not only defects which the seller ought to have detected but also defects that are latent, in the sense that even the utmost skill and judgment on the part of the seller would not have detected them. 40. We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. The majority have adopted this aspect of the reasoning of the Court of Appeal. b. p(x)=(5!)(.65)x(.35)5x(x! Liability of municipalities - Negligence - Re water supply - [See The two reasons already given dispose as well of the proposed duties to monitor and to warn. Learn. [para. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. Matthews sued Bullocks, inter alia on the basis of section 16(a). You also get a useful overview of how the case was received. 301 (H.L. Test. 4. any conflicting responsibilities of the defendant 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. 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. 0 Reviews. 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). The simple fact is that it did not undertake that liability. 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. If it is at the end of a clause, it . IMPORTANT:This site reports and summarizes cases. Get 1 point on adding a valid citation to this judgment. Torts - Topic 60 The legislation in its offence provisions also gives some indication, if limited, of the quality of the water to be supplied. 3. )(.65)^x(.35)^{5-x}}{(x ! 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. 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. 3. It has no ability to add anything to, or subtract anything from, the water at that point. 116, refd to. Why is this claim significant? 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. 32. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Cir. Applying the approach in Manchester Liners v Rea Ltd ([1922] 2 AC 74, 92 per Lord Sumner), we find nothing in these circumstances to show that the Hamiltons were not entitled to rely on Papakura's skill and judgment. Privy Council. . The claim in nuisance and in Rylands v Fletcher was against Watercare alone. 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 Ashington Piggeries case did not apply because in this case there was one supply of one product. Sale of Goods Act (U.K.) (1908), sect. According to the Earth Policy Institute (July 2014), 65%65 \%65% of the world's solar energy cells are manufactured in China. Hamilton v. Papakura District Council (2002), 295 N.R. 54. Ltd. (1994), 179 C.L.R. Proof of negligence - Res Ispa Loquitur "the thing speaks for itself". 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. Hamilton & Anor v. Papakura District Council (New Zealand). We should add that an inference of reliance based on the established use by the Hamiltons (and other growers) of Papakura's water supply may be all the easier to draw if, as appears to be the case, there is no evidence that the Hamiltons or other growers actually tested the purity of the water supplied by Papakura. Hamilton and M.P. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Match. Giving the opinion of the court, Thomas J explained: 65. 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 . Lewis v. Lower Hutt (City), [1965] N.Z.L.R. Again, it appears to us that the Court of Appeal did not approach the question in this way. This paper outlines the categories of potential legal liability at common law, and in statute. Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). Paid for and authorized by Vote for Hamilton That range was to be contrasted with 100ppb, the maximum amount of triclopyr allowed under the 1995 New Zealand Drinking Water Standards. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. It denied that it owed the Hamiltons any greater duty than it owed to any other customer for water of Papakura and denied, in addition, that it owed to the plaintiffs or to any other person a duty to ensure that the water which it supplied to Papakura was suitable for a particular horticultural application. Hamilton v Papakura District Council . Papakura's monitoring procedures have already been briefly mentioned (para 22). Before making any decision, you must read the full case report and take professional advice as appropriate. Alternative medicine, patient died while receiving treatment - traditional practitioners do not hold themselves out as being orthodox professionals, so we do NOT expect the same standard. 3, 52]. Breach of duty. 55. Held not liable, because risk so small and improbable. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. But not if the incapacity inflicts itself suddenly. Practicability of precautions. 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. Cop shot at tyre when approaching busy intersection, but hit the driver instead. 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. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. 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. [para. Held: The defendant . The argument resembles the contention advanced by the defendants in the Manchester Liners case. 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. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. 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 265, refd to. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. This ground of appeal accordingly fails. 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. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. Cambridge Water Company v Eastern Counties Leather Plc. Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith. The water would not have been supplied on the basis of such a particular term. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. Employee slipped. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. This is especially the case where the youth is participating in an adult activity. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. They contend, however, that they made that purpose known by implication . 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. 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. Session 4 Planning and Financial Management Required Reading: Palmer, pp 253-300 LGA 2002 ss 100-120 Wellington City Council v Woolworths New Zealand Ltd (No 2) [1996] 2 NZLR 537 Review: Local Government (Rating) Act 2002 Rating Valuations Act 1998 Session 5 Governance and By-laws Required Reading: Palmer, pp 203-251, 535-583 LGA 2002 ss 10-17A, 19-25, 75- 82, review Schedule 7 Bylaws Act 1910 . It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. Negligence - Duty of care - General principles - Scope of duty - [See The duties claimed against Papakura are directed at fitness for the purpose for which the water was used with no limit on that use at all. In the course of doing so, the Court of Appeal indicated that the question of reliance was ultimately one of fact (Medway Oil and Storage Co Ltd v Silica Gel Corporation (1928) 33 Com Cas 195, 196 per Lord Sumner). One-eyed garage mechanic who injured his good eye at work and went blind. Where a company or other organisation take such steps, it may be more readily inferred that they are not in fact relying on the skill and judgment of the local water authority to supply water of the desired quality. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. 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. 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff It had never been suggested to them that there might be a problem with the water supply. 1. Subscribers can access the reported version of this case. Mental disability (Canada) - Driver crashed into lorry whilst suffering severe delusion that the car was under remote control. The appellants contend that in these passages the courts confused foreseeability with knowledge. Thus , the defendant was not held liable for the damage . 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. The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. Created by. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. 11. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . 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. Of those Standards ensures safe and appropriate use for a wide range of purposes human... The condition applies, the Hamiltons as communicating the particular purpose and,... Not liable, because risk so small and improbable be dismissed as requested by Mr (... As communicating the particular purpose and reliance, and it onsells that water ratepayers... 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