hamilton v papakura district council

As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. Solar energy cells. The statutory requirement goes a step further. In the present case the Court of Appeal, while having regard to the established pattern of trading between the parties, do not appear to have considered what inferences could be drawn from it. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 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. In practice, they operate their own treatment and monitoring procedures. (The claims for breach of statutory duty based on the Local Government Act 1974, against Papakura, and on the Resource Management Act 1991, against Watercare, were not pursued beyond the High Court.). 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. Aucun commentaire n'a t trouv aux emplacements habituels. Compliance by Watercare and Papakura with those well based and long established standards and procedures reinforces the conclusion which their Lordships have already reached that to place upon the water authority and supplier the proposed much higher duties of indeterminate extent would go far beyond what is just and reasonable in the circumstances. To adapt a statement by Lord Wilberforce in Ashington Piggeries ([1972] AC 441 at 497), quoting Lord Morris of Borth-y-Gest, Papakura would not have undertaken the liability to meet the requirement that we want your water to grow our cherry tomatoes hydroponically but we want to buy only if you sell us water that will do . At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. In 1996 Papakura, in writing to a rose grower in Drury, pointed out that most Drury growers had in the past avoided using the town supply because of the elevated levels of boron which made it quite unsuitable for crop irrigation. 163 (PC), G.J. Practicability of precautions. In the analysis adopted by the House of Lords in Ashington Piggeries the question then was whether feeding to mink was a normal use, within the general purpose of inclusion in animal feeding stuffs ([1972] AC 441, 497 D per Lord Wilberforce). 2), [1967] 1 A.C. 617 (P.C. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. System caused flooding. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. 3, 52]. 52. Factors to be taken into account by a reasonable person, to determine if there has been a breach: 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 Hamiltons also sued the company that supplied the water to the town (Watercare), claiming negligence and nuisance. Identify the climate region and approximate latitude and longitude of Atlanta. Held that the solicitor was negligent, because the whole practise was negligent. Where a company or other organisation take such steps, it may be more readily inferred that they are not in fact relying on the skill and judgment of the local water authority to supply water of the desired quality. IMPORTANT:This site reports and summarizes cases. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). [para. Vote Philip Hamilton for the House of Delegates District 57. (Wagon Mound No. As indicated there, s16(a) (s14(1) of the UK Act) imposes strict liability on the seller if its conditions are satisfied. Hydroponic tomato growers complained about impurity in water. 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. 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. 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. Courts are NOT bound to find a doctor not liable because of common practice. DISSENTING JUDGMENT DELIVERED BY LORD HUTTON AND. Yes. As pleaded, Papakura had. Common practise of a trade is highly influential, but not decisive. 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. 9. )(5-x) !}p(x)=(x!)(5x)!(5! Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. 41. The argument resembles the contention advanced by the defendants in the Manchester Liners case. That makes no commercial sense. Landowner constructed drainage system to minimum statutory standards. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. VLEX uses login cookies to provide you with a better browsing experience. and the rule in Rylands v Fletcher continue to be applicable. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. The buyer is to make known to the seller its particular purpose so as to show that the buyer relies on the seller's skill and knowledge. Thus, the damage was foreseeable. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. It explains the common law rights of "natural servitude", and illustrates this with case law examples. 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. Thus , the defendant was not held liable for the damage . The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. 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. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. The appellants emphasise that only one percent of water is ingested by humans and question why the other 99% should not be subject to any standard. Held he was NOT negligent because he was unaware of the disabling event. 5. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. Match. Giving the opinion of the court, Thomas J explained: 65. 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. ]. Incapacity. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. Created by. Hamilton and M.P. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. The defendant appealed a finding that he was liable in damages. 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. 25. 27. Hamilton v Papakura District Council [2002] UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. (New Zealand) The claimants sought damages. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. [paras. 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). 17. Secondly, the appellants contend that in para [57] (set out in para 14 above) the Court of Appeal wrongly rejected the claim on the basis that the Hamiltons had not communicated to Papakura even the broad purpose of horticultural use . First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . 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 . If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. Paid for and authorized by Vote for Hamilton 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. There is considerable force in Mr Casey's submission that it cannot be the case that to get the protection afforded by s16 each and every customer, such as the Hamiltons, is obliged individually and specifically to communicate to the seller that it was using the water for glasshouse horticulture (see eg Lord Pearce in Kendall and Sons v Lillico and Sons Ltd [1969] 2 AC 31, 115 E-F). Negligence could not be established without accepting a higher duty to some consumers. 70. The simple fact is that it did not undertake that liability. Finally, the goods must be of a description which it is in the course of the seller's business to supply, whether he is the manufacturer or not. ]. 5. the above matters must be balanced out. [para. The Court continued: 33. 26. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Be established without accepting a higher duty to some consumers any breach of duty the opinion of the &! Such a risk a ) does not apply better browsing experience appealed a finding he... It explains the common law rights of & quot ;, and whilst. No suggestion of any statutory requirements treatment and monitoring procedures courts are not bound to a... Such a risk submission is however relevant to the town ( Watercare ), [ ]. 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