While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. 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. How convincing is this evidence? 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. Test. [para. Subscribers are able to see a list of all the documents that have cited the case. [para. H.C.), refd to. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. 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. Cambridge Water Company v Eastern Counties Leather Plc. b. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. 39. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. The question then is whether, on the evidence, using the water for cultivating tomatoes or cherry tomatoes was a normal use within that particular purpose, was something for which Papakura 'should reasonably have contemplated that it was not unlikely the water would be used. The grades are A1, A, B, C, D and E. The grade the Ministry allotted to the source and the treatment station in this case was A (completely satisfactory, very low level of risk). 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. 50. 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. 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. Employee slipped. 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. change. Privy Council. 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. )(.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. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . The Court of Appeal held, however, that Ashington Piggeries could be distinguished because, in that case the particular purpose as a food for mink was communicated and the expertise of the compounders was to be relied upon not to provide a compound toxic to mink. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). ]. A second, distinct reason is provided by the requirement of foreseeability. Interact directly with CaseMine users looking for advocates in your area of specialization. vLex Canada is offered in partnership with: Liability of municipalities - Negligence - Re water supply - [See, Negligence - Duty of care - General principles - Scope of duty - [See, Negligence - Duty of care - Duty to warn - [See, Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See, Nuisance - Water pollution - General - [See, Request a trial to view additional results, Phillip v. Whitecourt General Hospital et al., (2004) 359 A.R. 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. New Zealand. D V to: ataahua ratio and justin generis senior partners at quid pro quo and associates from: diane vidallon re: insatiable insects to succeed under the ruling 116, refd to. Driver suffered blow to eye by insect and ran into back of lorrie. 32. 53. 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. Breach of duty. 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. 195, refd to. Held that office acted reasonably in circumstances, and was NOT liable for the death of the pedestrians. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. It had never been suggested to them that there might be a problem with the water supply. 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. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. Identify the climate region and approximate latitude and longitude of Atlanta. We refer to the evidence of Mr Utting which is set out in the judgment of the Court of Appeal ([2000] 1 NZLR 265, 281, para 66). ), refd to. We apply the standard of the reasonable driver to learners. 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. Tort 3 :Negligence: duty of care and breach o, Torts - Negligence (Prima Facie Case), Duty o, Fundamentals of Financial Management, Concise Edition, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene. The tests are for chemical and related matters. The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming negligence and nuisance. 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. 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. 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. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. 556 (C.A. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. Lists of cited by and citing cases may be incomplete. The crops of other growers who used the same town water supply were, it was contended, similarly affected. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. Judicial Committee of the Privy Council The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . 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. 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. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. 68. 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. Explain the difference between intrinsic and extrinsic motivation. 43. Such knowledge might indeed arise directly from the Drinking Water Standards : for instance, those for 1984 had expressly stated that, while the safe level of boron for human intake is 5g/m3, some glasshouse plants are damaged above 0.5g/m3. With respect to contractual liability of the town, the Hamiltons relied 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). Hamilton and M.P. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. 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 . Found Hamilton & Anor v. Papakura District Council (New Zealand) useful? He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. OBJECTIVE test. Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. Autex Industries Ltd v Auckland City Council. On their appeal to the Board, the Hamiltons accept that, were they to succeed on any or all of the legal arguments, the case should be remitted to the Court of Appeal for it to make the necessary factual findings. Advanced A.I. What is meant by the claim that memory is reconstructive? 48. [para. 63]. Subscribers can access the reported version of this case. The Ashington Piggeries case did not apply because in this case there was one supply of one product. [para. 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. If a footnote is at the end of a sentence, the footnote number follows the full stop. See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. 63]. The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council. 27. Enhance your digital presence and reach by creating a Casemine profile. 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. 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. a. Throughout, the emphasis is on human health. 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). Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. Facts: standard of a reasonable driver was applied to a 15 year old. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents). 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. Held, no negligence. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. Hamilton v. Papakura District Council et al. It follows from their Lordships finding on foreseeability that this cause of action must fail, along with the negligence claim. (Wagon Mound No. To achieve the only higher grade, A1, the management systems associated with the treatment plant needed to have been the subject of accreditation in terms of the requirements of the International Standards Organisation (ISO 9000 or equivalent). Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. Pty. The consequence was the damage to the tomatoes. ), refd to. 41. Some years ago this Board considered, in a different context, the responsibilities of local authorities in constructing waterworks for the supply of pure water under the then Municipal Corporations Act 1954 to provide for the health of their consumers: Attorney-General ex relatione Lewis v Lower Hutt City [1965] NZLR 116. Standard of care in medical profession - Doctor was not negligent if he followed a common practice accepted as proper by a reasonable body of medical men (since overturned in Bolitho). 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 Hamiltons would have known this. The judgments in this case are however clear. People should be able to do this and assume the risk. The majority have adopted this aspect of the reasoning of the Court of Appeal. 0 Reviews. [paras. VERY rare occurrence. )(.65)^x(.35)^{5-x}}{(x ! The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council. Little more need be said about them. 5. the above matters must be balanced out. No negligence. Held that he would not be liable if he had no control while driving, but he would be if he retained some control. Subjective test. 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 . 64. Sale of Goods Act (U.K.) (1908), sect. Thus , the defendant was not held liable for the damage . 19. Professionals have a duty to take care, not a duty to always be right. If it is at the end of a clause, it . As pleaded, Papakura had. . The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. In the present case there was, of course, evidence that the Hamiltons employed a consultant, Mr van Essen, who contacted Papakura's water engineer to discuss nutrient and element levels in the town-water supply. 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. 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. VLEX uses login cookies to provide you with a better browsing experience. We agree with the advice of the majority set out in the opinion of Sir Kenneth Keith so far as it concerns the Hamiltons claims based on negligence, nuisance and Rylands v Fletcher (1868) LR 3 HL 330. 55. 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 . 4. It concluded its discussion of this head of claim as follows: 15. Proof of negligence - Res Ispa Loquitur "the thing speaks for itself". Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. This is especially the case where the youth is participating in an adult activity. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. 1963). Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. 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. Negligence - Causation - Foreseeability - The Hamiltons sued the Papakura District Council (the town) and its water supplier, Watercare, for negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes - The Judicial Committee of the Privy Council dismissed the Hamiltons' negligence claim where the proposed duties were extraordinarily broad in scope and would go far beyond what was just and reasonable in the circumstances - Further, there was a lack of reasonable foreseeability - See paragraphs 27 to 45. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). It has a large filtration plant to ensure that the water meets the very high standards of water it requires. 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. 163 (PC), G.J. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Practicability of precautions. Giving the opinion of the court, Thomas J explained: 65. 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 Terms in this set (23) 6 elements. The Hamiltons alleged that Papakura breached an implied term in its contract for the supply of water to them that the water supplied was suitable for horticultural use. DISSENTING JUDGMENT DELIVERED BY LORD HUTTON AND. Proof of negligence - 44. ), refd to. 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. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. Subscribers are able to see the revised versions of legislation with amendments. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. Social value - Successful action against police, where police pursuit resulted in a crash. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. No such duty was established. The two reasons already given dispose as well of the proposed duties to monitor and to warn. Blind plaintiff fell into unguarded trench. Try Combster now! Why is this claim significant? Tackle in soccer game held to be negligent. Floor made slippery due to flood. 62. Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. Hill (Christopher) Ltd. v. Ashington Piggeries Ltd.; Hill (Christopher) Ltd. v. Norsildmel, [1972] A.C. 441 (H.L. In the High Court Gallen J found Bullocks liable and the Court of Appeal (Henry, Thomas and Keith JJ) dismissed their appeal. If it is at the end of a clause, it . Match. Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. 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. 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). Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). 36. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. 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