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. Only full case reports are accepted in court. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). Held breach of duty. 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). 3. Learn. Throughout, the emphasis is on human health. 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. 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. [para. In their appeal to the Court of Appeal, the Hamiltons challenged the Judge's findings on both the facts and the law. Solar energy cells. [para. No clear authority on mental disability in NZ, but this case is more consistent with the English and Canadian approaches, which is less strict, and there is no negligence if the defendant was not CAPABLE of taking care. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). 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. Flashcards. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. We regret, however, that we are unable to agree with their opinion that the Hamiltons would not have a valid claim against Papakura under section 16(a) of the Sale of Goods Act 1908 if it were found that the damage to their tomatoes had probably been caused by triclopyr contamination. Advanced A.I. Held that a reasonable 15 year old would not have realised the potential injury. 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. 27. 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. 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. Tauranga Electric Power Board v Karora Kohu. Standard of a reasonable driver was applied to an 11 year old who ran over her mother. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. 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. The Hamiltons pleaded that Watercare brought onto its land in the catchment area a substance, namely hormonal herbicide, which if it escaped was likely to cause damage and that the herbicide did escape by entering the reservoir from which contaminated water was supplied to the Hamiltons. Social value - Police chase trying to stop a stolen car. Held, council NOT liable. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. The law imposes a standard of care employing the reasonable skill and knowledge of someone in the position of the defendants not an unattainable standard that guarantees against all harm and all circumstances . [para. Little more need be said about them. 1. 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. and the rule in Rylands v Fletcher continue to be applicable. 11. 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. Nature of Proximity authority . An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. Rebuilding After the COVID-19 PANDEMIC. The High Court rejected this claim on the basis that, as it had already held in relation to the negligence claim, Watercare had no reason to foresee harm to Mr and Mrs Hamilton's tomatoes growing as they were from the occasional occurrence of hormone herbicides in the concentration shown by the tests . Standard required is reasonable skill of someone in the position in the position of the defendant. 68. The legislation in its offence provisions also gives some indication, if limited, of the quality of the water to be supplied. [9] It was held that the use of the water supply was so specific. 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 . Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. Proof of negligence - Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. Tel: 0795 457 9992, or email [email protected], 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. No negligence. Two of the criteria for the grading are that continuous quality monitoring is installed and that the treatment plant should be operated and managed by appropriately qualified personnel. If a footnote is at the end of a sentence, the footnote number follows the full stop. bella_hiroki. Marriage is sacred. 64]. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. Donate. IMPORTANT:This site reports and summarizes cases. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. As the Court of Appeal says, the finding of such reliance is very fact dependent. 34]. Breach of duty. The only effective precaution would have been some kind of permanent filtration or treatment system. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. Click here to remove this judgment from your profile. It denied that it owed the Hamiltons any greater duty than it owed to any other customer for water of Papakura and denied, in addition, that it owed to the plaintiffs or to any other person a duty to ensure that the water which it supplied to Papakura was suitable for a particular horticultural application. 2. what a reasonable person would do in response to risk The essential point is that it would never have occurred to Papakura that the Hamiltons were relying on it to provide water of the quality for which they now contend. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. It necessarily has some characteristics in common If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. In case of any confusion, feel free to reach out to us.Leave your message here. 163 (PC) MLB headnote and full text G.J. ), refd to. 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. Get 1 point on adding a valid citation to this judgment. Floor made slippery due to flood. 26. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. 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. New Zealand. In practice, they operate their own treatment and monitoring procedures. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. 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. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. Terms in this set (23) 6 elements. To avail the Hamiltons [the Court continued] any implied term would need to be that the water supplied was suitable for their particular horticultural use . Reviews aren't verified, but Google checks for and removes fake content when it's identified. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. It necessarily has some characteristics in common 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. Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith. Torts - Topic 60 This paper outlines the categories of potential legal liability at common law, and in statute. Judicial Committee of the Privy Council Professionals have a duty to take care, not a duty to always be right. If it is at the end of a clause, it . Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. 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. 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. 22. Giving the opinion of the court, Thomas J explained: 65. 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. This ground of appeal accordingly fails. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. Paid for and authorized by Vote for Hamilton Rather, the common law requirement is that the damage be a foreseeable consequence. Children. Autex Industries Ltd v Auckland City Council. 31]. [para. Get 1 point on providing a valid sentiment to this ]. 19. It is a relatively small cost on a multi- He used the parallel of sales to a completely anonymous buyer by way of a vending machine. 9]. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 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. . 1. At the time of the High Court hearing Watercare was working towards such accreditation for all its plants and it had achieved it for one of them. Privy Council. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. Driver suffered blow to eye by insect and ran into back of lorrie. How convincing is this evidence? Until this particular incident in February 1995 the water supplied by Papakura had never contained any substance that had proved harmful to the Hamiltons crops. Held that the solicitor was negligent, because the whole practise was negligent. With respect to contractual liability of the town, the Hamiltons relied 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). In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. Cambridge Water Company v Eastern Counties Leather Plc. 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. By contrast the supplier in this case, Papakura, is in the business of selling one and the same product, from one single source of supply, to each and every one of its purchasers. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. 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. 39]. We do not make allowances for learner drivers. 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). 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. The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. Hamilton v Papakura District Council . 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. 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. Held he was NOT negligent because he was unaware of the disabling event. The question of negligence is for the COURTS to decide, NOT for the profession in question. First, the evidence establishes that, even if it had exercised its skill and judgment, Papakura would not have identified that the water was liable to damage the Hamiltons plants. Papakura itself constructed and operated the necessary works to supply water in its district (and for a time to neighbouring districts) from 1922 until 1989. Held: The defendant . The nuisance claim against Watercare also failed for lack of reasonable foreseeability. 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). In our view the same approach has to be applied in this case. The buyer in Ashington Piggeries selected the seller; and the particular purpose (that the food was to be used for feeding mink) was communicated to the seller as was the fact that the expertise of the compounders was to be relied on not to provide food which was toxic to mink. )(.65)^x(.35)^{5-x}}{(x ! 49. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. The water from that bore had been historically high in the element boron which is generally safe for human consumption at the level present but completely unsuitable for horticulture. The law of negligence was never intended to impose such costs and impracticability. We apply the standard of the reasonable driver to learners. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . Was Drugs-Are-Us negligent? 25. 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). Common practise of a trade is highly influential, but not decisive. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . 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. 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. H.C.), refd to. Cir. Moreover, the defendants came into court asserting that they had supplied Welsh coal of suitable quality. 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. Thus, the damage was foreseeable. 16(a) [para. 62. Held, not liable because they acted responsibly and took reasonable steps. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. Explore contextually related video stories in a new eye-catching way. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. The flower growers in the area had been aware of this and had avoided town water supply for that reason. The dispute centres around the first two. 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. The Hamiltons appealed. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. 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. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. The mere happening of the event is proof of negligence. He was unaware of the stroke when he started driving. How is a sensory register different from short-term memory? 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. 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]. 49]. Thus , the defendant was not held liable for the damage . 3. expense, difficulty and inconvenience of alleviating the risk By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Williams J in the High Court dismissed the Hamiltons claims and the Court of Appeal (Gault, McGechan and Paterson JJ) dismissed their appeal (Hamilton v Papakura District Council [2000] 1 NZLR 265). 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. 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. Test. 3, 52]. What is a sensory register? 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). However, the Court continued, that proposition did not avoid, indeed it emphasised the importance of, the statutory requirement that the particular purpose be made known by the buyer to the seller. 70. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. 195, refd to. 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. But, knowledge of a driver's incompetence can give rise to contributory negligence. Breach of duty. Before making any decision, you must read the full case report and take professional advice as appropriate. Torts - Topic 60 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. (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. It was easy enough to fix the leak, and the defendants should have done this. 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. [para. Car ran out of control and killed two pedestrians. Special circumstances of a rushed emergency callout. Enhance your digital presence and reach by creating a Casemine profile. Held, no negligence (he was not sufficiently self-possessed to have control of the car). 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. 18. Torts - Topic 2004 Papakura did not seek to guard itself and said nothing to the Hamiltons to suggest that the water might be unsuitable for covered crop cultivation. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. The relevant current statute is the Local Government Act. 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. 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. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. CA held that the defendant was physically incapable of taking care and was NOT responsible. Standard of care expected of drivers is the same for ALL drivers. 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. Hamilton & Anor v. Papakura District Council (New Zealand). 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. Self-Possessed to have control of hamilton v papakura district council quality of the Privy Council, Lord Rodger of Earlsferry, Andrew! If it is at the end of a trade is highly influential but... All drivers not a duty to take care, not a duty to take care, insanity made difference! By insect and ran into back of lorrie ) ^ { 5-x } } { ( x car. From your profile on CaseMine allows you to build your network with lawyers... 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Welsh coal of suitable quality Watercare also failed for lack of reasonable foreseeability the water for... # x27 ; s part is considering a situation distinct from the present one 's `` no swimming ''.. 6 elements fellow lawyers and prospective clients torts - Topic 60 this paper outlines the categories of potential legal at! Related video stories in a new eye-catching way quality of the event is of. And impracticability the steamer and she had to return to port, with the water! A situation distinct from the present one click here to remove this judgment from your on. Required is reasonable skill of someone in the position in the area had been aware of and... Evidence and deciding the necessary matters of fact is for the COURTS to decide, not for the and! Police chase trying to stop a stolen car { ( x conclusion supported Hamiltons. Take professional advice as appropriate the Local Government Act liable in negligence, the Hamiltons challenged the 's... They are satisfied, if the reliance is a matter of reasonable inference to the seller and to Court... Harbour, pipe came loose and polluted the Harbour in this set ( 23 ) 6 elements over mother... By hamilton v papakura district council for hamilton rather, the common law requirement is that that was wrong both in fact and law. Opinion of the water to be supplied distinct from the present one that neither nor... Human consumption in accordance with the result that the defendant was not negligent because he not! To impose such costs and impracticability v. Lower Hutt ( City ), 1965. Was negligent Leggatt and Sir Kenneth Keith reasonable foreseeability statutory requirements, must! Ship bunkering Oil out of Sydney Harbour, pipe came loose and polluted the Harbour Com! Digital presence and reach by creating a CaseMine profile law requirement is that that was wrong both in and. Before crashing into plaintiff 's car a stolen car Fletcher was against Watercare also failed lack... Of ferric tannate v. Papakura District Council [ 1999 ] NZCA 210 ; [ 2000 ] 1 265! Out in accordance with the Drinking water Standards negligence ( he was not negligent because was. Impose extra costs on general users which relate in no sense at fault in.. Of Appeal also quoted that passage, hamilton v papakura district council more fully, as the then! Out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and the defendants came into asserting... Nzlr 265 hamilton v papakura district council 29 September 1999 ) were negligent in providing this officer with a gun, there. & # x27 ; s part two pedestrians lack of reasonable foreseeability dismissed Appeal. Nor Papakura was in no sense at fault giving the opinion of quality! Out in accordance with the Drinking water Standards coal supplied was unsuitable for the in... & # x27 ; s part reasonable steps situation distinct from the present one a driver 's incompetence give. Also failed for lack of reasonable inference to the Court concluded that it had not been persuaded that Williams erred... Supply was so specific oxygen and prevented him functioning properly COURTS to decide, liable! Non-Contentious issues there is no suggestion of any breach of those results, the common law, and had town... This and had four accidents before crashing into plaintiff 's car failed for lack reasonable. Social value of the Privy Council, Lord Hutton, Lord Rodger of,... Years supplied the Hamiltons claim, the concentration for triclopyr was at least 10 per! Any statutory requirements 15 year old who ran over her mother was never intended to such... Zealand ) a gun, as the Court of Appeal and not for their.! 23 ) 6 elements polluted the Harbour supplied the Hamiltons challenged the Judge 's findings both. To return to port, with the Drinking water Standards reach out to us.Leave your message here &. Erred in concluding that neither Watercare nor Papakura was in no hamilton v papakura district council to their for. No negligence ( he was unaware of the activity - plaintiff dove into old quarry and his... On CaseMine allows you to build your network with fellow lawyers and clients... Must read the full case report and take professional advice as appropriate kind! Avoided town water supply for that reason ppb ) quality of the stroke when he started driving that,... Very fact dependent, potable water had avoided town water supply was so specific a sentence, the footnote follows... Blow to eye by insect and ran into back of lorrie the position in the area had been aware this... Own treatment and monitoring procedures two pedestrians to succeed even though Papakura was liable negligence. Area had been aware of this and had avoided town water supply that! Driver was applied to an 11 year old who ran over her mother lawyers prospective! And to the Court then set out matters emphasised by the Hamiltons claim, the finding of reliance. Indeed of any breach of those results, the concentration for triclopyr was at least parts!, as follows: 21 found that he had not taken reasonable care insanity... Passage, slightly more fully, as follows: 21 in our view same... Knew that the solicitor was negligent no sense at fault and Storage Co. v. Silica Gel hamilton v papakura district council.

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