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. 68. 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. 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. 3. expense, difficulty and inconvenience of alleviating the risk We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. Tort 3 :Negligence: duty of care and breach o, Torts - Negligence (Prima Facie Case), Duty o, Fundamentals of Financial Management, Concise Edition, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene. The requirement was no different in nuisance and accordingly this cause of action also failed. c. What evidence suggest that short-term memory is limited to a few items? 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. 5. 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. 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. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. Please log in or sign up for a free trial to access this feature. The Hamiltons must also satisfy the second precondition of a claim under section 16(a). 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. 67. According to the statement of claim, Watercare had duties: 29. 1963). Driver suffered blow to eye by insect and ran into back of lorrie. Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. 24. It follows that their Lordships agree with the courts below that the claims in negligence against the two defendants cannot be sustained. Session 4 Planning and Financial Management Required Reading: Palmer, pp 253-300 LGA 2002 ss 100-120 Wellington City Council v Woolworths New Zealand Ltd (No 2) [1996] 2 NZLR 537 Review: Local Government (Rating) Act 2002 Rating Valuations Act 1998 Session 5 Governance and By-laws Required Reading: Palmer, pp 203-251, 535-583 LGA 2002 ss 10-17A, 19-25, 75- 82, review Schedule 7 Bylaws Act 1910 . 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). Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. In 1996 Papakura, in writing to a rose grower in Drury, pointed out that most Drury growers had in the past avoided using the town supply because of the elevated levels of boron which made it quite unsuitable for crop irrigation. Giving the opinion of the court, Thomas J explained: 65. 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. Standard of reasonable adult is usually applied to 15-16 year olds. Hamilton Appellants v. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents FROM THE COURT OF APPEAL OF NEW ZEALAND --------------- JUDGMENT OF THE LORDS OF THE JUDICIAL 3. They must make sure that the treatment is not HARMFUL by checking orthodox research. 43. 0 Reviews. 9]. Standard of care expected of drivers is the same for ALL drivers. Negligence - Duty of care - Duty to warn - [See 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. 6 In the footnotes: 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. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. Thus , the defendant was not held liable for the damage . Employer had insufficient resources to cover floor with sawdust. 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. That reading occurred in December 1994, near in time to the spraying in this case. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. 70. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. According to the authorities, however, the proper question to ask in these circumstances is whether there was anything in the evidence to show that the Hamiltons were not relying on the skill and judgment of Papakura to supply water suitable for covered crop cultivation. 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. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. ]. 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. The flower growers in the area had been aware of this and had avoided town water supply for that reason. Held, not liable for failing to shut down factory, causing employee's injury. We refer to the evidence of Mr Utting which is set out in the judgment of the Court of Appeal ([2000] 1 NZLR 265, 281, para 66). The simple fact is that it did not undertake that liability. In this case it is accepted that the third precondition is satisfied. 31]. Only full case reports are accepted in court. See Cammell Laird & Co v Manganese Bronze and Brass Co Ltd [1934] AC 402, 427 per Lord Wright and Ashington Piggeries [1972] AC 441, 468H 469A per Lord Hodson and 490A B per Lord Wilberforce, both cited with approval by Thomas J giving the opinion of the Court of Appeal in B Bullock and Co Ltd v RL Matthews and CG Matthews t/a Matthews Nurseries (unreported, New Zealand Court of Appeal CA 265/98 18 December 1998). It explains the common law rights of "natural servitude", and illustrates this with case law examples. Held, no negligence. . OBJECTIVE test. Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. Torts - Topic 2004 Before confirming, please ensure that you have thoroughly read and verified the judgment. Employee slipped. Hamilton & Anor v. Papakura District Council (New Zealand). He drove into plaintiff's shop. 64]. Those Standards, which replaced the 1984 Standards, were developed by the Ministry of Health with the assistance of an expert committee; extensive use was made of the World Health Organisation's Guidelines for Drinking Water Quality 1993. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. Tackle in soccer game held to be negligent. Mr Casey, in his careful and comprehensive submissions for the Hamiltons, challenges three principal features of the Court of Appeal's reasoning on this matter. 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. 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. 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. 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. 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. 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. 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. Papakura's monitoring procedures have already been briefly mentioned (para 22). 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. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Driver suffered low onset stroke, and had four accidents before crashing into plaintiff's car. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. Held he was NOT negligent because he was unaware of the disabling event. They contend, however, that they made that purpose known by implication . But, knowledge of a driver's incompetence can give rise to contributory negligence. Torts - Topic 60 5. the above matters must be balanced out. Although the decision in Hamilton v Papakura District Councilruled that no liability exists where it is not possible to foresee the type of damage caused, this case is clearly distinguished for the above reason. 19. So no question of reliance ever arose. Must ask whether a doctor has acted as a reasonable doctor would. 1. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. 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 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. 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