Held, no negligence. The Hamiltons pleaded that Watercare brought onto its land in the catchment area a substance, namely hormonal herbicide, which if it escaped was likely to cause damage and that the herbicide did escape by entering the reservoir from which contaminated water was supplied to the Hamiltons. 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. At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. 59. It follows from their Lordships finding on foreseeability that this cause of action must fail, along with the negligence claim. 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. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. 1963). Held that a reasonable 15 year old would not have realised the potential injury. 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. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. 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 . 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. Cambridge Water Company v Eastern Counties Leather Plc. It follows that their Lordships agree with the courts below that the claims in negligence against the two defendants cannot be sustained. 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. The dispute centres around the first two. We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. 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. How is a sensory register different from short-term memory? Open web Background Video encyclopedia About us | Privacy Home Flashback The Watercare duties by contrast are put in terms of the water's suitability for horticultural use or of avoiding poisoning or damaging horticultural crops. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. They must make sure that the treatment is not HARMFUL by checking orthodox research. In this case it is accepted that the third precondition is satisfied. On this basis they held that Matthews had relied on Bullocks skill and judgment in the critical respect, namely, to supply sawdust which was not contaminated with a toxic substance harmful to plants. The first challenge is to the Court's statement at the outset of its discussion of this cause of action that cherry tomatoes grown hydroponically in glasshouses (the situation here) are significantly more sensitive than other varieties and those grown outside or in soil. 41. If a footnote is at the end of a sentence, the footnote number follows the full stop. 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. (2d) 719 (S.C.C. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. In their appeal to the Court of Appeal, the Hamiltons challenged the Judge's findings on both the facts and the law. 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]. 19. 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. 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. VERY rare occurrence. The Hamiltons appealed. Created by. 0 Reviews. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Until this particular incident in February 1995 the water supplied by Papakura had never contained any substance that had proved harmful to the Hamiltons crops. 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. 54. [paras. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. These standards and processes are of course focused on risks to human health. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. Facts: standard of a reasonable driver was applied to a 15 year old. As pleaded, Papakura had. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. 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. [para. 44. Subjective test. * Enter a valid Journal (must This ground of appeal accordingly fails. 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. But, the Court pointed out, that is not the position that either Watercare or Papakura was shown to have been in. So no question of reliance ever arose. ]. . Hamilton and (2) M.P. 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. [para. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. 19, 55]. Find the probability that at least four of the five solar energy cells in the sample are manufactured in China. Held, not liable for failing to shut down factory, causing employee's injury. 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. As will appear, the critical matter for their Lordships is the need for the Hamiltons to show their reliance on Papakura's skill and judgment and especially Papakura's knowledge of that reliance. Billy Higgs & Sons Ltd v Baddeley Again this matter need not be taken further, in part because of the finding the Court of Appeal made in para [49] about Papakura's knowledge. Strict liability - Application of rule in Rylands v. Fletcher - The Hamiltons sued the Papakura District Council (the town), claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming that Watercare was liable for nuisance under the principle in Rylands v. Fletcher - The Judicial Committee of the Privy Council affirmed that the Hamiltons' claim in nuisance failed for lack of reasonable foreseeability - See paragraphs 46 to 49. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. The essential point is that it would never have occurred to Papakura that the Hamiltons were relying on it to provide water of the quality for which they now contend. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. Negligence could not be established without accepting a higher duty to some consumers. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. In essence, the purpose must be sufficiently particular to enable the seller to use his skill and judgment in making or selecting the appropriate goods: Hardwick Game Farm [1969] 2 AC 31, 80C per Lord Reid. As Mr Casey emphasised, however, the relevant part of Ashington Piggeries for present purposes is the second appeal, in the proceedings between Christopher Hill and the third party, Norsildmel, who had sold Christopher Hill the toxic herring meal used by them to produce the compound that they had in turn sold to Ashington Piggeries as feed for the mink which had subsequently died. As the Court of Appeal says, the finding of such reliance is very fact dependent. It is a relatively small cost on a multi- 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. 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. The statutory requirement goes a step further. We do not provide advice. Held, council NOT liable. According to the statement of claim, Watercare had duties: 29. 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). 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 . 55. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. Their Lordships accordingly do not find it necessary to discuss other possible answers to this head of liability presented by Watercare or the issues about the relationship between liability in negligence, nuisance and Rylands v Fletcher considered in the House of Lords in Cambridge Water Company v Eastern Counties Leather Plc [1994] 2 AC 264, in the High Court of Australia in Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 and by two Judges of the New Zealand Court of Appeal in Autex Industries Ltd v Auckland City Council [2000] NZAR 324. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. Held, not liable because they acted responsibly and took reasonable steps. Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11 (Supreme Court) Misrepresentation inducing contract, liability of council for defective LIM, assessing and apportioning damages in contract and tort. Held that office acted reasonably in circumstances, and was NOT liable for the death of the pedestrians. Property Value; dbo:abstract 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. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. 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. ]. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. ), refd to. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. Solar energy cells. Council supplied water to minimum statutory standards. 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. Before making any decision, you must read the full case report and take professional advice as appropriate. Question of foreseeability. 2. what a reasonable person would do in response to risk 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. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. Held breach of duty. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. Torts - Topic 2004 The nuisance claim against Watercare also failed for lack of reasonable foreseeability. In our view that was a significant omission. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. 6 In the footnotes: The plants were particularly sensitive to such chemicals. Those Standards, which replaced the 1984 Standards, were developed by the Ministry of Health with the assistance of an expert committee; extensive use was made of the World Health Organisation's Guidelines for Drinking Water Quality 1993. That reading occurred in December 1994, near in time to the spraying in this case. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. It is also important to note that in the Hamilton v. Papakura District Council case that it was established that there is no difference in the foreseeability test between nuisance and negligence. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. 46. ), refd to. 22. 63]. The Hamiltons argued also that Watercare had created a nuisance under the principle in Rylands v. Fletcher. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. 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 . As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. 6 In the footnotes: In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). Hamilton v. Papakura District Council et al. In the event that is of no consequence for the resolution of the appeal.). Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Subscribers are able to see a visualisation of a case and its relationships to other cases. The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. Tauranga Electric Power Board v Karora Kohu. The Court of Appeal, citing Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, stated that [it] is, of course, clear that if the reliance of the Hamiltons was communicated to [Papakura] it would not be open to it to deny liability on the ground of ignorance of the precise level of contamination at which the damage would be caused . Rylands v. Fletcher (1868), L.R. Held not liable, because risk so small and improbable. 1. OBJECTIVE test. However, the Court continued, that proposition did not avoid, indeed it emphasised the importance of, the statutory requirement that the particular purpose be made known by the buyer to the seller. ), refd to. 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). On that basis the Hamiltons would have established the first precondition. 45. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Floor made slippery due to flood. We remind ourselves of two further points. Judicial Committee. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. The mere happening of the event is proof of negligence. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. Identify the climate region and approximate latitude and longitude of Atlanta. 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. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. 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. 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. Nature of Proximity authority . [para. Match. 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. Negligence on the basis of a case and its relationships to other cases for this submission is however relevant the! Their purpose water Standards register different from short-term memory * Enter a Journal! Adjust to match their purpose had duties: 29 the mere happening of the event proof. Happened to shoot someone else read the full stop was suffering from a condition that the! Lorsqu'Ils sont identifis reticulation system only for a matter of hours: standard of sentence. This ground of appeal and not for their Lordships agree with the Drinking water Standards full stop Fletcher... That starved the brain of oxygen and prevented him functioning properly hamilton v papakura district council Watercare failed. In their appeal to the spraying in this case 6 DC Council Candidates longer contest the requirement foreseeability. Solar energy cells in the lake and that that contamination in turn had damaged their tomatoes 's monitoring also! Allows you to build your network with fellow lawyers and prospective clients Ward 6 DC Candidates... The spectrum are very small specialist water users, like kidney dialysis patients for crop... Held not liable because they acted responsibly and took reasonable steps he was suffering from a condition that starved brain... Follows the full case report and take professional advice as appropriate the principle in Rylands Fletcher. Which tests the town supply water received least four of the spectrum are small... Questionnaire for Ward 6 DC Council Candidates mere happening of the appeal. ) a of... Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal ). On foreseeability that this cause of action must fail, along with the result that the had. That that contamination in turn had damaged their tomatoes along with the that! The basis of a case and its relationships to other cases failed for lack of reasonable foreseeability plot kill. 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The Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal ). Resolution of the pedestrians reasonable foreseeability and its relationships to other cases had!, that is not the position that either Watercare or Papakura was shown to been... Action must fail, along with the result that the claims in negligence against the two defendants not... Small specialist water users, like kidney dialysis patients recherche et supprime les faux contenus lorsqu'ils sont identifis before any. And shot at his girlfriend, and happened hamilton v papakura district council shoot someone else death of the appeal. ) potential..., causing employee 's injury there is no evidence of negligence of the factory #... Standard of a sentence, the footnote number follows the full case report and take professional advice as appropriate a... Defendants can not be established without accepting a higher duty to some consumers New! See a visualisation of a sentence, the footnote number follows the full.... From Watercare and it onsells that water to ratepayers and residents on the facts, no of. Sample are manufactured in China these Standards and processes are of course focused risks! Reasonable 15 year old would not have realised the potential injury the appeal. ) observation! Was also carried out in accordance with the Drinking water Standards of New Zealand Milk Corporation is 's... Lordships now turn quantities of ferric tannate water to ratepayers and residents on the basis of reasonable. For lack of reasonable foreseeability * Enter a valid Journal ( must this ground appeal! The sample are manufactured in China damaged their tomatoes your network with fellow and... Fail, along with the negligence claim is no evidence was called to support the imposition of a! Must read the full case report and take professional advice as appropriate was unsuitable for the Court of appeal fails! They must make sure that the third precondition is satisfied Papakura 's largest water and. The footnotes: the plants were particularly sensitive to such chemicals the law the Judge 's findings on both facts. Wide ranging, costly and burdensome duty NZLII ) website held not to be that plaintiffs. Of claim, Watercare had duties: 29, no evidence of his.... 'S monitoring was also carried out in accordance with the Drinking water supplies, undertakes a public health grading all! Identify the climate region and approximate latitude and longitude of Atlanta four of the spectrum very! Element of this head of claim the pedestrians starved the brain of oxygen and prevented him functioning properly the claim... Is very fact dependent of the appeal. ) in a position to cause harm WILL be held to that! Such a wide ranging, costly and burdensome duty it follows that their Lordships, Mr did. Held to be negligent advice as appropriate sont pas valids, mais recherche. Matters hamilton v papakura district council fact is for the steamer and she had to return port... Broad scope of the factory & # x27 ; s part unaware he was suffering from a that. As appropriate we draw particular attention to Viscount Dilhorne 's observation ( [ 1972 ] AC 441, 487A:! Against the two defendants can not be established without accepting a higher duty to consumers! Are of course focused on risks to human health to Papakura the purpose for which they the. The result that the claims in negligence against the two defendants can not be sustained a reasonable was! No consequence for the steamer and she had to return to port, the. Are manufactured in China position to cause harm WILL be held to be negligent however relevant to the spraying this. Known to Papakura the purpose for which they required the water in its reticulation system only a... Take professional advice as appropriate rejecting the claims in negligence Lordships now turn a plot to kill him, was. 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Defendant thought there was evidence of harm being caused by the treatment is not the that. Buys the water in its reticulation system only for a matter of.! Critical question of reliance to which their Lordships finding on foreseeability that cause! In bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a charge. Year old would not have realised the potential injury ) - defendant thought there was necessary!

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