Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. The first challenge is to the Court's statement at the outset of its discussion of this cause of action that cherry tomatoes grown hydroponically in glasshouses (the situation here) are significantly more sensitive than other varieties and those grown outside or in soil. 8. Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. 66. 60. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. Pty. 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. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. Breach of duty. The law of negligence was never intended to impose such costs and impracticability. . See [2000] 1 NZLR 265, 278, para 53. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. 1. Enhance your digital presence and reach by creating a Casemine profile. Explain the difference between intrinsic and extrinsic motivation. Tackle in soccer game held to be negligent. Cas. This evidence of an established pattern of problem-free trading between the parties is also the context within which the court should, if necessary, assess the possible attitude of Papakura to being asked to supply the Hamiltons with water suitable for covered crop cultivation. 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. Match. 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. 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. 11, 56]. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 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. b. 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 . Driver suffered blow to eye by insect and ran into back of lorrie. Facts: 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. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. The consequence was the damage to the tomatoes. 18. Aucun commentaire n'a t trouv aux emplacements habituels. Special circumstances of a rushed emergency callout. Professionals have a duty to take care, not a duty to always be right. OBJECTIVE test. Rylands v. Fletcher (1868), L.R. It follows that their Lordships agree with the courts below that the claims in negligence against the two defendants cannot be sustained. Alternative medicine, patient died while receiving treatment - traditional practitioners do not hold themselves out as being orthodox professionals, so we do NOT expect the same standard. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. 5. 301 (H.L. Torts - Topic 60 Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. [1] 1 relation: Autex Industries Ltd v Auckland City Council. [para. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. Hamilton and M.P. We do not suggest that Bullock is on all fours with the present case, but we none the less find the approach of the Court of Appeal in that case instructive. It is a relatively small cost on a multi- Under section 16(a) the relevant condition is implied only where certain preconditions are met. Hamilton v. Papakura District Council et al. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. [para. Marriage is sacred. 57. You also get a useful overview of how the case was received. 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. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. Council supplied water to minimum statutory standards. Subscribers are able to see any amendments made to the case. Gravity of risk - special risk to plaintiff should be taken into account if the defendant KNOWS about it. The Watercare duties by contrast are put in terms of the water's suitability for horticultural use or of avoiding poisoning or damaging horticultural crops. Bag of sugar fell on plaintiff's head. Lists of cited by and citing cases may be incomplete. 324, refd to. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. The Court of Appeal, citing Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, stated that [it] is, of course, clear that if the reliance of the Hamiltons was communicated to [Papakura] it would not be open to it to deny liability on the ground of ignorance of the precise level of contamination at which the damage would be caused . 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. VLEX uses login cookies to provide you with a better browsing experience. If it is at the end of a clause, it . The water company had done this. Held no negligence, because this was an attack on the liberty of the subject to engage in dangerous pursuits. 265, refd to. 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. 11. Billy Higgs & Sons Ltd v Baddeley 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 nuisance claim against Watercare also failed for lack of reasonable foreseeability. It has no ability to add anything to, or subtract anything from, the water at that point. 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. How convincing is this evidence? Giving the opinion of the court, Thomas J explained: 65. 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. 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. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. 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. Next, to require that either Papakura or Watercare ensure that the town water supply had a zero level of triclopyr contamination would be unrealistic in this country with its agricultural based economy. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. 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. Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. Factors to be taken into account by a reasonable person, to determine if there has been a breach: Yes. * Enter a valid Journal (must Held, no negligence (he was not sufficiently self-possessed to have control of the car). If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. Subscribers are able to see a list of all the cited cases and legislation of a document. 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). Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. 61]. 70. The argument resembles the contention advanced by the defendants in the Manchester Liners case. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. 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). ]. Indeed, on the respondents evidence, testing would not of itself have been an adequate precaution against the effects of contamination on the crops since the damage would have been done before the results could be processed and preventive measures taken. 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. 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. 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. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. View Rylands v Fletcher.pdf from LAW 241 at Auckland. It is, of course, correct that, for the reasons given by the Court of Appeal, the Hamiltons claim can be distinguished from the counter-claim of Ashington Piggeries Ltd, the buyers, against Christopher Hill Ltd, the sellers, since it was of the very essence of the dispute in Ashington Piggeries that Ashington Piggeries had made it clear that the compound was wanted for only one purpose, as a feed for mink. Must ask whether a doctor has acted as a reasonable doctor would. 330, refd to. Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. 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). 4. 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. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. 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. In our view that was a significant omission. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. 2), [1967] 1 A.C. 617 (P.C. 67. Do you support legal recognition of marriages between persons of the same sex? Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. Papakura distributes its water to more than 38,000 people in its district. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. It was a bulk supplier. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). It was easy enough to fix the leak, and the defendants should have done this. [para. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. Little more need be said about them. 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. 49]. Only full case reports are accepted in court. 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. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. CA held that the defendant was physically incapable of taking care and was NOT responsible. Oil was ignited by welding sparks off a wharf, and wharf and two ships were damaged. 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. 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hamilton v papakura district council