Judicial Committee. Employee slipped. Oyster growers followed approved testing following a flood, but did not close down whole business. bella_hiroki. 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. ), refd to. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. Consider a random sample of five solar energy cells and let xxx represent the number in the sample that are manufactured in China. 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. 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. Test. 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). It is also important to note that in the Hamilton v. Papakura District Council case that it was established that there is no difference in the foreseeability test between nuisance and negligence. The question of negligence is for the COURTS to decide, NOT for the profession in question. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. 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. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. 55. In the next section, we show that the probability distribution for xxx is given by the formula: a. 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. Subscribers are able to see a list of all the documents that have cited the case. 9]. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . The Hamiltons used the water sold to them by Papakura in the expectation that it would be suitable for the purpose of growing their crops in being free from harmful constituents. The consequence was the damage to the tomatoes. 42. 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. Contains public sector information licensed under the Open Government Licence v3.0. )(.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. 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. Nor did he attempt to suggest that the test was different from the test in negligence. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. 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. b. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. The plants were particularly sensitive to such chemicals. The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. [para. Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. Proof of negligence - Res Ispa Loquitur "the thing speaks for itself". There is no reason in principle certainly counsel could not suggest one for distinguishing between horticultural use and other uses which might involve special needs, especially when they are known to the supplier, as was the case here for instance in respect of milk processing, food processing and renal dialysis. Get 2 points on providing a valid reason for the above The Hamiltons appealed. If a footnote is at the end of a sentence, the footnote number follows the full stop. For our part, we would have humbly advised Her Majesty that she should allow the appeal in this respect and remit the case to the Court of Appeal to make the necessary findings of fact. They now appeal to Her Majesty in Council. 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. 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. Blind plaintiff fell into unguarded trench. Before making any decision, you must read the full case report and take professional advice as appropriate. Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. Try Combster now! p(x)=(5!)(.65)x(.35)5x(x! The courts are plainly addressing the question of foreseeability. Hamilton & Anor v. Papakura District Council (New Zealand). Held, council NOT liable. 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. 57 of 2000 (1) G.J. 49]. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. Landowner constructed drainage system to minimum statutory standards. 59. 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. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. Applying these tests, the House of Lords held, Lord Diplock dissenting, that feeding to mink was within the particular purpose of the use of the herring meal as an ingredient in animal feeding stuffs. ]. and Ponsness-Warren Inc. (1976), 1 A.R. Hamilton v Papakura District Council (New Zealand) UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. 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. 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. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. Matthews sued Bullocks, inter alia on the basis of section 16(a). The Hamiltons must also satisfy the second precondition of a claim under section 16(a). 5. 5. the above matters must be balanced out. Applying the approach in Manchester Liners v Rea Ltd ([1922] 2 AC 74, 92 per Lord Sumner), we find nothing in these circumstances to show that the Hamiltons were not entitled to rely on Papakura's skill and judgment. DISSENTING JUDGMENT DELIVERED BY LORD HUTTON AND. 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. 41. The argument resembles the contention advanced by the defendants in the Manchester Liners case. Question of foreseeability. That water was sold to the Hamiltons by the Papakura District Council (Papakura). Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. They said that there was no evidence that Papakura knew that the growers relied on the water for use with sensitive crops without any testing or treatment. 30. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. Held that a reasonable 15 year old would not have realised the potential injury. Please log in or sign up for a free trial to access this feature. 14. 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. Paid for and authorized by Vote for Hamilton We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. 70. 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. By contrast, we find little assistance in the terms of the letter which Papakura wrote to the rose grower in Drury in 1996 after it had become aware that there was a possible problem. It is a relatively small cost on a multi- 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. We show that the plaintiffs suffered loss, with the result that the test different... Is a matter of reasonable inference to the Hamiltons appealed solar energy cells and let xxx represent the number the... 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