35. New Zealand. And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. Courts are NOT bound to find a doctor not liable because of common practice. 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. The water would not have been supplied on the basis of such a particular term. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. [paras. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. 195, refd to. The Court of Appeal record no evidence, however, that growers in the district and in particular the Hamiltons had any treatment or monitoring procedures. According to the statement of claim, Watercare had duties: 29. Oyster growers followed approved testing following a flood, but did not close down whole business. That makes no commercial sense. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. 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. Breach of duty. The consequence was the damage to the tomatoes. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. The plants were particularly sensitive to such chemicals. As the Board made clear in Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (Wagon Mound No 2) [1967] 1 AC 617, 643, damage is foreseeable only when there is a real risk of damage, that is one which would occur to the mind of a reasonable person in the position of the defendant and one which he would not brush aside as far fetched. 163 (PC) MLB headnote and full text G.J. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. The House of Lords unanimously rejected that argument. Subscribers are able to see a list of all the documents that have cited the case. 49]. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. The courts are plainly addressing the question of foreseeability. No such duty was established. 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. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. 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. Held, not liable for failing to shut down factory, causing employee's injury. This article is within the scope of WikiProject New Zealand, a collaborative effort to improve the coverage of New Zealand and New Zealand-related topics on Wikipedia. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Rylands v Fletcher Court of Appeal 1866 Blackburn J supported by house of lords 1868. The defendant appealed a finding that he was liable in damages. 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. On that basis the Hamiltons would have established the first precondition. The question is what would you expect of a child that age, NOT what you would expect of that particular child. 23. 57 of 2000 (1) G.J. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 41. 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. 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. 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. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. What is meant by the claim that memory is reconstructive? Subscribers are able to see any amendments made to the case. If it is at the end of a clause, it . Ltd. (1994), 179 C.L.R. Papakura distributes its water to more than 38,000 people in its district. Negligence - Duty of care - Duty to warn - [See [para. It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. change. H.C.), refd to. The simple fact is that it did not undertake that liability. Hamilton & Anor v. Papakura District Council (New Zealand) 1. The Ashington Piggeries case did not apply because in this case there was one supply of one product. Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. Defendants were not liable for driving a lorry with a negligently fastened jack to an emergency callout, when the jack moved and hit the plaintiff. If a footnote is at the end of a sentence, the footnote number follows the full stop. IMPORTANT:This site reports and summarizes cases. 28. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. The water company had done this. Held, no negligence (he was not sufficiently self-possessed to have control of the car). Lord Guest, while not attaching undue importance to the precise phraseology, asked himself whether Norsildmel knew that it was likely that it would be fed to mink ([1972] AC 441, 477 E G), while Viscount Dilhorne held that Christopher Hill had to show that Norsildmel 'should reasonably have contemplated when the contract was made that mink was a type of animal to which it was not unlikely that herring meal would be fed ([1972] AC 441, 487 B). The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. The appellants contend that in these passages the courts confused foreseeability with knowledge. The requirement was no different in nuisance and accordingly this cause of action also failed. )(5-x) !}p(x)=(x!)(5x)!(5! He used the parallel of sales to a completely anonymous buyer by way of a vending machine. 49]. Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The Hamiltons sued the Papakura District Council (the town) for breach of contract, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons based their claim against the town on s. 16(a) of the Sale of Goods Act (i.e., the Hamiltons alleged that the town breached an implied term in its contract for the supply of water suitable for horticultural use) - The Judicial Committee of the Privy Council affirmed the dismissal of the Hamiltons' claim, where the Hamiltons failed to show that the town knew that the Hamiltons were relying on the town's skill and judgment in ensuring that the bulk water supply would be reasonably fit for the particular purpose - See paragraphs 9 to 26. Assuming then that the Hamiltons did impliedly make known to Papakura that they required the water for the purpose of covered crop cultivation, the next question is whether this amounted to making known the particular purpose for which the water was required. Thus , the defendant was not held liable for the damage . 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. ]. This ground of appeal accordingly fails. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. Hamilton and M.P. Despite one particular passage in the speech of Lord Reid in Hardwick Game Farm ([1969] 2 AC 31, 81), as Lord Pearce noted in the same case, the trend of authority has inclined towards an assumption of reliance wherever the seller knows of the particular purpose ([1969] 2 AC 31, 115G H). The mere happening of the event is proof of negligence. 47. 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. Hamilton v Papakura District Council . Mental disability - NZ. People should be able to do this and assume the risk. 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. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. Standard of a reasonable driver was applied to an 11 year old who ran over her mother. In the end, this case is a narrow one to be determined on its own facts. 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. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents). 39. 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. Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. 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). 64]. 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 . The Hamiltons would have known this. (There was some question whether the 1984 rather than the 1995 Standards were applicable. 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). 46. 265, refd to. 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). 63]. 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 . 48. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. So no question of reliance ever arose. Held: The defendant . Negligence could not be established without accepting a higher duty to some consumers. 3, 52]. 63]. 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. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. 19. What is a sensory register? Escapes 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. It explains the common law rights of "natural servitude", and illustrates this with case law examples. Held not liable, because risk so small and improbable. In the next section, we show that the probability distribution for xxx is given by the formula: 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. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. With respect to the negligence claim against the town and Watercare, 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 only effective precaution would have been some kind of permanent filtration or treatment system. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. The Court of Appeal considered that the Ashington Piggeries case was distinguishable in principle, emphasising the importance of the particular facts, a matter to which it also referred in relation to other cases cited for the Hamiltons. bella_hiroki. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. 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. 64. Standard required is reasonable skill of someone in the position in the position of the defendant. Attorney General ex rel. 34. Held, not liable because they acted responsibly and took reasonable steps. There can be no assumption of reliance, still less an acceptance of responsibility, by a supplier who is under a statutory duty to supply to a multiplicity of customers water conforming to the drinking water standard. 1963). We do not provide advice. The Court continued: 33. Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. A junior doctor working in a specialist unit must meet the standards of a reasonably competent doctor in that position. Social value - Police chase trying to stop a stolen car. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). 50. The court must, however, consider all the relevant evidence. Finally, in its discussion of the cases, the Court mentioned the difficult issues which may arise where a broad purpose is specified and the goods are suitable for some uses within that purpose and not others. 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. Flashcards. Question of foreseeability. contains alphabet). Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. Advanced A.I. Match. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. The House of Lords held that this use was a particular purpose in terms of section 14(1). But not if the incapacity inflicts itself suddenly. [para. 36. 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. 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