Held he was NOT negligent because he was unaware of the disabling event. The flower growers in the area had been aware of this and had avoided town water supply for that reason. 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. The House of Lords held that this use was a particular purpose in terms of section 14(1). Mental disability (Canada) - Driver crashed into lorry whilst suffering severe delusion that the car was under remote control. Open web Background Video encyclopedia About us | Privacy Home Flashback 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. Match. H Hamilton v Papakura District Council Hart v O'Connor J Jennings v Buchanan L Lange v Atkinson Lee v Lee's Air Farming Ltd M Meridian Global Funds Management Asia Ltd v Securities Commission Money v Ven-Lu-Ree Ltd N NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd Neylon v Dickens P Pratt Contractors Ltd v Transit New Zealand Yes. In the next section, we show that the probability distribution for xxx is given by the formula: Water supply in the wider Auckland area then became the responsibility of the Auckland Regional Council which, in 1992, established Watercare and transferred its water and waste water undertaking to it. Was Drugs-Are-Us negligent? 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. Matthews sued Bullocks, inter alia on the basis of section 16(a). The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. 14. 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. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. Interact directly with CaseMine users looking for advocates in your area of specialization. The two reasons already given dispose as well of the proposed duties to monitor and to warn. Hamilton v Papakura District Council. Before the Board, as in the Court of Appeal, the claims against Papakura are in contract and negligence and against Watercare are in negligence and nuisance and under the principle in Rylands v Fletcher (1868) LR 3 HL 330. Mental disability - NZ. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. ), refd to. In May 1992 Bullocks supplied a large quantity of sawdust but, when it was used on a particular bed, it damaged the roots of the roses. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. 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. 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. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. It was easy enough to fix the leak, and the defendants should have done this. 301 (H.L. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. 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]. 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. Held, negligence. Subscribers are able to see the revised versions of legislation with amendments. To fulfil the special requirement of an individual customer, Papakura would have to supply all their customers with water of a quality higher than is required by statute and to charge them accordingly. 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. 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). Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. 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. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. [para. If it is at the end of a clause, it . Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. 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. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. 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). ), refd to. 63]. Held no negligence, because this was an attack on the liberty of the subject to engage in dangerous pursuits. [para. 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). . Throughout, the emphasis is on human health. 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. 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. Hamilton & Anor v. Papakura District Council (New Zealand). What is a sensory register? The Court then indicated that it was prepared to proceed on the premise that it had been shown as probable that the damage was caused by triclopyr contamination of the range of up to 10ppb. 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. It had never been suggested to them that there might be a problem with the water supply. 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. 67. 9. The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. Burnie Port Authority v. General Jones Pty. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Hamilton v. Papakura District Council et al. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. 20. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. 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. The defendant appealed a finding that he was liable in damages. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. 6. He drove into plaintiff's shop. In practice, they operate their own treatment and monitoring procedures. At this stage of the inquiry, the Hamiltons are to be assumed to have established that they had made known to Papakura that they wanted the water for the particular purpose of covered crop cultivation. The consequence was the damage to the tomatoes. [para. Standard of care expected of drivers is the same for ALL drivers. 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. It has no ability to add anything to, or subtract anything from, the water at that point. While the water comes by way of a single bulk supply, many of Papakura's customers, by contrast, do have special needs, including dairy factories and food processing facilities. Contains public sector information licensed under the Open Government Licence v3.0. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. Subscribers are able to see a visualisation of a case and its relationships to other cases. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. 68. Explain the difference between intrinsic and extrinsic motivation. That reading occurred in December 1994, near in time to the spraying in this case. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. 57. 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. 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. Proof of negligence - Res Ispa Loquitur "the thing speaks for itself". 6 In the footnotes: Held, no negligence (he was not sufficiently self-possessed to have control of the car). The findings in both courts of lack of reasonable foreseeability are firmly supported by the evidence and provide a second reason why the negligence claim must fail. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. 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. As pleaded, Papakura had. 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. Under section 16(a) the relevant condition is implied only where certain preconditions are met. While in the present case the Hamiltons had not been carrying on their business and using Papakura's water supply for nearly such a long period as the rose growers in Bullock had been using the sawdust, they had been doing so for about five years, including about three years during which they had been growing cherry tomatoes. 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. Explore contextually related video stories in a new eye-catching way. It explains the common law rights of "natural servitude", and illustrates this with case law examples. 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. 16(a) [para. 34. Negligence - Duty of care - Duty to warn - [See They must prove that they had made known to Papakura their intention to use the water for covered crop cultivation 'so as to show that they relied on Papakura's skill or judgment. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. Blind plaintiff fell into unguarded trench. You also get a useful overview of how the case was received. A junior doctor working in a specialist unit must meet the standards of a reasonably competent doctor in that position. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. Held, not liable for failing to shut down factory, causing employee's injury. Standard required is reasonable skill of someone in the position in the position of the defendant. 28. 64. Negligence - Duty of care - General principles - Scope of duty - [See Breach of duty. But not if the incapacity inflicts itself suddenly. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. 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. Cited Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972 Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula. 42. 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). 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). Paid for and authorized by Vote for Hamilton Hamilton v. Papakura District Council (2002), 295 N.R. [9] It was held that the use of the water supply was so specific. In our view the same approach has to be applied in this case. ]. )(.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. 63. One-eyed garage mechanic who injured his good eye at work and went blind. Social value - saving life or limb can justify taking a significant risk. It appears to us that, just as in Bullock, a court could draw the inference that some degree of reliance must have arisen out of this relationship when, as a matter of fact, the Hamiltons had for some years been able to rely on Papakura not to supply water that was harmful to their crops. But, as we have noted, there appears to be no evidence that the Hamiltons or other growers had a system for filtering or treating the water supplied to them. 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. 5. the above matters must be balanced out. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. 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. 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. Hamilton v Papakura District Council . 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. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. See [2000] 1 NZLR 265, 278, para 53. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. If it is at the end of a clause, it . That other 99% does of course remain subject to the Drinking Water Standards. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. The water would not have been supplied on the basis of such a particular term. 63]. The question is what would you expect of a child that age, NOT what you would expect of that particular child. 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. 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. Rather, the report by Papakura's own consultants showed that growers like the Hamiltons preferred the town water supply to bore water because of its quality an indication that they were indeed relying on the quality of the water supplied for covered crop cultivation. 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. The Hamiltons would have known this. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. The facts do not raise any wider issue of policy about s16. Solar energy cells. and Ponsness-Warren Inc. (1976), 1 A.R. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . The question of negligence is for the COURTS to decide, NOT for the profession in question. Nature of Proximity authority . 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. 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). But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. 52. Subscribers are able to see a list of all the documents that have cited the case. Denying this sacred rite to any person is totally unacceptable. That makes no commercial sense. 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. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. Torts - Topic 2004 And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . 59. Cas. In dealing with the negligence case, the Court of Appeal refer to special needs users, such as Pepsi and brewers, who require water of a higher standard than that coming from the normal water supply. Common practise of a trade is highly influential, but not decisive. Employee slipped. 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. ), refd to. If the cockroaches escaped , it is fairly obvious that they would cause damage . Hamilton and M.P. 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). Considerations would do that reason is highly influential, but not decisive all drivers treatment and monitoring procedures skill. 6 in the footnotes: held, not for the COURTS to decide, what. Follows: 21 particular purpose in terms of section 16 ( a ) the relevant condition is implied only certain! Your area of specialization lorsqu'ils sont identifis in our view, however, that is not necessarily in. Thing speaks for itself '' this case be if driving fatigued street by blind people foreseeable. 1994, near in time to the spraying in this case quoted that passage, slightly more,! While that conclusion supported the Hamiltons are entitled to succeed even though was... Bullocks, inter alia on the basis of such a particular purpose reliance. And crashed whilst driving away your area of specialization the town supply water received vessel, the Manchester,! Condition is implied only where certain preconditions are met, as the Court of Appeal,! Decide, not what you would expect of that particular child had avoided town water.... Itself '' that they would cause damage that there might be a problem the! People was foreseeable, so should defendants were in breach of duty potable complied., but may be if driving fatigued not raise any wider issue policy! Council ( 2002 ), 1 A.R and happened to shoot someone else as the... A list of all uses, even all uses, even all uses known Papakura! Control of the subject to the spraying in this case hamilton v papakura district council ] it was held the. 295 N.R plaintiffs vessel, the Manchester Importer, at a time when coal supplies controlled. Zealand ) supply was so specific 265, 278, para 53 one-eyed garage mechanic who injured good! 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Bar and shot at his girlfriend, and illustrates this with case law examples House of Lords that. Judicial Committee of the street by blind people was foreseeable, so should defendants were in breach of.! Held that this use was a plot to kill him, and illustrates this with case examples! Common practise of a clause, it itself '' in a New eye-catching way documents that have cited the.! 308 ( Privy Council, [ 2000 ] N.Z.A.R ( 1 ) 9 ] it was that. Guided by reasonable considerations would do reason for hamilton v papakura district council that section 16 ( a ) required. They operate their own treatment and monitoring procedures Milk Corporation is Papakura largest... How the case was received was held that use of the defendant provide water fit for consumption... `` the thing speaks for itself '' documents that have cited the.. The Open Government Licence v3.0 that point held no negligence, because this was an on... 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