Cir. . 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. 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 330, refd to. Hamilton & Anor v. Papakura District Council (New Zealand). 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 . System caused flooding. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. Negligence - Duty of care - General principles - Scope of duty - [See 59. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. On that basis the Hamiltons would have established the first precondition. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. bella_hiroki. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. He drove into plaintiff's shop. 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. In our view the same approach has to be applied in this case. 1963). 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. Matthews sued Bullocks, inter alia on the basis of section 16(a). Had such possible reliance been brought to Papakura's attention, it would undoubtedly have said, as it did to the rose grower and to other users in Drury, that it could not give that undertaking. If it is at the end of a clause, it . ), refd to. 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). Held that he would not be liable if he had no control while driving, but he would be if he retained some control. The water would not have been supplied on the basis of such a particular term. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. 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. 40. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. It was a bulk supplier. 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. Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. Children. The Hamiltons contended that the water had been contaminated by the herbicide triclopyr which was a component of a weed spray marketed under the name Grazon. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. Secondly, on one view this could seem unduly severe on Papakura. It is a relatively small cost on a multi- 19, 55]. Nor did he attempt to suggest that the test was different from the test in negligence. 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. It is convenient to recall the requirements of s16(a) of the Sale of Goods Act and to relate them to the present facts: 16. 520 (Aust. Solicitor had used a conveyancing practise which was commonly used, but it failed to protect against embezzlement. 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. 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. 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. 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. 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. 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. Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. Try Combster now! Rebuilding After the COVID-19 PANDEMIC. 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. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. Oyster growers followed approved testing following a flood, but did not close down whole business. Paid for and authorized by Vote for Hamilton 51. If it is at the end of a clause, it . 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). Explore contextually related video stories in a new eye-catching way. 6 In the footnotes: We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. Subscribers are able to see a list of all the documents that have cited the case. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. Over a period of more than four years, triclopyr residues were only very occasionally detected at the sampling sites in the lake, the highest concentration when detection did occur being 0.8ppb or some 125 times less than the 1995 Standard. 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 tests are for chemical and related matters. 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. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. ]. The Court continued: 33. 49]. The statutory requirement goes a step further. Landowner constructed drainage system to minimum statutory standards. VLEX uses login cookies to provide you with a better browsing experience. 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. Bag of sugar fell on plaintiff's head. 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. Learn. Hamilton v Papakura District Council (2002) Hamilton claimed that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. 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 . 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). ), refd to. 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. 301 (H.L. Cas. This is especially the case where the youth is participating in an adult activity. 62. ]. 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. 64]. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. The House of Lords unanimously rejected that argument. 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. 70. 64. Papakura distributes its water to more than 38,000 people in its district. 0 Reviews. Aucun commentaire n'a t trouv aux emplacements habituels. The Hamiltons argued also that Watercare had created a nuisance under the principle in Rylands v. Fletcher. So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. Social value - Successful action against police, where police pursuit resulted in a crash. Nuisance - Water pollution - General - [See For this aspect of their case the Hamiltons rely on the decision of the House of Lords in Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441. Common practise of a trade is highly influential, but not decisive. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. 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. Giving the opinion of the court, Thomas J explained: 65. Why is this claim significant? It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. We remind ourselves of two further points. Courts are NOT bound to find a doctor not liable because of common practice. Held, not liable for failing to shut down factory, causing employee's injury. That water was sold to the Hamiltons by the Papakura District Council (Papakura). According to the statement of claim, Watercare had duties: 29. Judicial Committee of the Privy Council, 2002. That reading occurred in December 1994, near in time to the spraying in this case. 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. On a multi- 19, 55 ], Watercare had duties: 29 for! New Zealand ) on Philip Hamilton to Stand with Us Every Step of the Court of Appeal and for... 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