If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. 25. Mental disability - NZ. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. 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 . 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. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. The simple fact is that it did not undertake that liability. (Wagon Mound No. ]. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. 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. 64. Subscribers are able to see the revised versions of legislation with amendments. The plants were particularly sensitive to such chemicals. 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 reason turned out to be that the sawdust contained excessive quantities of ferric tannate. He drove into plaintiff's shop. 67. No negligence. 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. 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. Factors to be taken into account by a reasonable person, to determine if there has been a breach: Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. 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. 36. 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 claimant had failed to show that it had brought its particular needs to the attention of the water company, and a claim in contract failed. Two of the criteria for the grading are that continuous quality monitoring is installed and that the treatment plant should be operated and managed by appropriately qualified personnel. Yes. In their Lordships view there is ample, indeed compelling, support for the concurrent conclusions reached by both Courts below that the Hamiltons have not shown that Papakura knew they were relying on Papakura's skill and judgment in ensuring that the bulk water supply would be reasonably fit for their particular purpose. They now appeal to Her Majesty in Council. [para. We do not provide advice. Escapes What is meant by the claim that memory is reconstructive? Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. VERY rare occurrence. See [2000] 1 NZLR 265, 278, para 53. How is a sensory register different from short-term memory? Tauranga Electric Power Board v Karora Kohu. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. 45. Subscribers are able to see any amendments made to the case. For the reasons which we have given we consider that the Court of Appeal erred in law in making their assessment of the evidence and hence in the conclusions which they drew from it in respect of the requirements of section 16(a). 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. 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. Cir. H.C.), refd to. Held breach of duty. 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). Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. 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. 60. Hydroponic tomato growers complained about impurity in water. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. ), refd to. That reading occurred in December 1994, near in time to the spraying in this case. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. Hamilton v. Papakura District Council et al. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). Facts: standard of a reasonable driver was applied to a 15 year old. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. 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. 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. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. 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. 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). The Court continued: 33. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. 3. expense, difficulty and inconvenience of alleviating the risk [para. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. [para. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. If a footnote is at the end of a sentence, the footnote number follows the full stop. Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. In the end, this case is a narrow one to be determined on its own facts. Was Drugs-Are-Us negligent? Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . Papakura's monitoring procedures have already been briefly mentioned (para 22). 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 . Hamilton & Anor v. Papakura District Council (New Zealand) 1. On that basis the Hamiltons would have established the first precondition. 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. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . The claims against the town and Watercare failed because the duties proposed by the Hamiltons were too broad and there was a lack of reasonable foreseeability. The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. 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. 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. 30. AG v PYA Quarries Ltd [1957] 2 QB 169, 184 per Romer LJ (CA) cited in Stephen Todd (ed) The Law of Torts in New Zealand (3 ed, Brookers, Wellington, 2001) 535. Explore contextually related video stories in a new eye-catching way. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. Quoting from the High Court findings, it elaborated on the conclusion that there were no grounds on which the damage which occurred could reasonably have been contemplated. The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. 43. In the words of the Supreme Court of Canada in Munshaw Colour Service Ltd v City of Vancouver (1962) 33 DLR (2d) 719,727, supported by the evidence of the general manager of Manukau Water (a neighbouring district). Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. 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). 27. 163 (PC) MLB headnote and full text G.J. 44. 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. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. 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. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. 330, refd to. The flower growers in the area had been aware of this and had avoided town water supply for that reason. 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff The courts are plainly addressing the question of foreseeability. Marriage is sacred. 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. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. Explain the difference between intrinsic and extrinsic motivation. 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. 35. 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. The House of Lords unanimously rejected that argument. Donate. Torts - Topic 2004 Learn. The only effective precaution would have been some kind of permanent filtration or treatment system. 216, footnote 141]. [paras. 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 . 9]. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. ), refd to. 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. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. 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). Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. 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). ]. STOPPING GOVERNMENT OVERREACH. Standard of reasonable adult is usually applied to 15-16 year olds. 49]. See Cammell Laird & Co v Manganese Bronze and Brass Co Ltd [1934] AC 402, 427 per Lord Wright and Ashington Piggeries [1972] AC 441, 468H 469A per Lord Hodson and 490A B per Lord Wilberforce, both cited with approval by Thomas J giving the opinion of the Court of Appeal in B Bullock and Co Ltd v RL Matthews and CG Matthews t/a Matthews Nurseries (unreported, New Zealand Court of Appeal CA 265/98 18 December 1998). The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. Privy Council. 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. 34. Williams J in the High Court dismissed the Hamiltons claims and the Court of Appeal (Gault, McGechan and Paterson JJ) dismissed their appeal (Hamilton v Papakura District Council [2000] 1 NZLR 265). Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. This paper outlines the categories of potential legal liability at common law, and in statute. It was easy enough to fix the leak, and the defendants should have done this. [9] It was held that the use of the water supply was so specific. Standard of care expected of drivers is the same for ALL drivers. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. The legislation in terms of which the respondents supply the water is part of the context in which all of the Hamiltons claims, and in particular those in negligence, are to be seen. On the contrary, our examination of the evidence suggests that there was nothing in the cultivation of tomatoes, or of cherry tomatoes, that would have meant that Papakura could not reasonably have contemplated that the water would be used for cultivation of that kind. A second, distinct reason is provided by the requirement of foreseeability. Rylands v. Fletcher (1868), L.R. (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. ), refd to. The defendant appealed a finding that he was liable in damages. [para. 2), [1967] 1 A.C. 617 (P.C. 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. 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. 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. contains alphabet). The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. ACCEPT. 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 appellants contend that in these passages the courts confused foreseeability with knowledge. 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. 49]. 163 (PC), G.J. 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. It was a bulk supplier. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. They said that there was no evidence that Papakura knew that the growers relied on the water for use with sensitive crops without any testing or treatment. [paras. You also get a useful overview of how the case was received. The tests are for chemical and related matters. 66. Try Combster now! Denying this sacred rite to any person is totally unacceptable. Hamilton and (2) M.P. Subscribers are able to see a list of all the documents that have cited the case. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. Thus, the damage was foreseeable. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. Breach of duty. 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. )(5x)!p(x)=\frac{(5 ! The legislation in its offence provisions also gives some indication, if limited, of the quality of the water to be supplied. 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