hamilton v papakura district council 21 Nov hamilton v papakura district council

Must ask whether a doctor has acted as a reasonable doctor would. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. Negligence - Duty of care - General principles - Scope of duty - [See Learn. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. 6. 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. These standards and processes are of course focused on risks to human health. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. AG v PYA Quarries Ltd [1957] 2 QB 169, 184 per Romer LJ (CA) cited in Stephen Todd (ed) The Law of Torts in New Zealand (3 ed, Brookers, Wellington, 2001) 535. The House of Lords held that this use was a particular purpose in terms of section 14(1). Rylands v. Fletcher (1868), L.R. It was easy enough to fix the leak, and the defendants should have done this. View Rylands v Fletcher.pdf from LAW 241 at Auckland. Subscribers are able to see a list of all the documents that have cited the case. 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]. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. 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 Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. 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. 17. Get 2 points on providing a valid reason for the above OBJECTIVE test. 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. 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. 116, refd to. 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. 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 . Rylands v Fletcher If D brings onto their land something which is "not naturally there" and it escapes and causes damage, D is liable for all 18. 11, 56]. 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. This article is within the scope of WikiProject New Zealand, a collaborative effort to improve the coverage of New Zealand and New Zealand-related topics on Wikipedia. 9]. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Explain the difference between intrinsic and extrinsic motivation. They contend, however, that they made that purpose known by implication . Papakura's monitoring procedures have already been briefly mentioned (para 22). Secondly, on one view this could seem unduly severe on Papakura. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. Indexed As: Hamilton v. Papakura District Council et al. Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. 42. 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. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. 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. 556 (C.A. The Hamiltons appealed. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. 520 (Aust. 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. 1963). It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. Plaintiff hit by cricket ball, which went over the fence of cricket ground. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: Unless the Sale of Goods Act 1893 is to be allowed . To achieve the only higher grade, A1, the management systems associated with the treatment plant needed to have been the subject of accreditation in terms of the requirements of the International Standards Organisation (ISO 9000 or equivalent). 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. According to the statement of claim, Watercare had duties: 29. The Court of Appeal put the matter this way: 38. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. 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). c. What evidence suggest that short-term memory is limited to a few items? An error of judgment is not necessarily negligent. The House of Lords unanimously rejected that argument. 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. Torts - Topic 2004 The defendant appealed a finding that he was liable in damages. ), refd to. 0 Reviews. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. 259 (QB), Court of Queen's Bench of Alberta (Canada). In this context, Papakura also called attention to one of its water sources which had been closed in June 1995, a bore source in Drury. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. It follows that their Lordships agree with the courts below that the claims in negligence against the two defendants cannot be sustained. 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. ), refd to. Enhance your digital presence and reach by creating a Casemine profile. and the rule in Rylands v Fletcher continue to be applicable. 22. Question of foreseeability. This appeal was heard by Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt, and Sir Kenneth Keith, of the Judicial Committee of the Privy Council. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. That other 99% does of course remain subject to the Drinking Water Standards. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. (Wagon Mound No. Throughout, the emphasis is on human health. 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. System caused flooding. Hamilton v. Papakura District Council et al. Giving the opinion of the court, Thomas J explained: 65. What is a sensory register? Vote Philip Hamilton for the House of Delegates District 57. 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. Judicial Committee. 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. Privy Council. The tests are for chemical and related matters. 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. Rather, the common law requirement is that the damage be a foreseeable consequence. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. See [2000] 1 NZLR 265, 278, para 53. 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. 24. He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. 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. 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 would impose extra costs on general users which relate in no way to their needs for pure, potable water. 2. The Hamiltons would have known this. Reviews aren't verified, but Google checks for and removes fake content when it's identified. Ltd. (1994), 179 C.L.R. Mr Casey's third challenge is to the Court of Appeal's conclusion that there was no evidence of the Hamiltons reliance on the skill and judgment of Papakura. Strict liability - Application of rule in Rylands v. Fletcher - The Hamiltons sued the Papakura District Council (the town), claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming that Watercare was liable for nuisance under the principle in Rylands v. Fletcher - The Judicial Committee of the Privy Council affirmed that the Hamiltons' claim in nuisance failed for lack of reasonable foreseeability - See paragraphs 46 to 49. 63]. Professionals have a duty to take care, not a duty to always be right. Hamilton & Anor v. Papakura District Council (New Zealand). Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. Match. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. Before confirming, please ensure that you have thoroughly read and verified the judgment. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. 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. p(x)=(5!)(.65)x(.35)5x(x! ]. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. Fix the leak, and it was easy enough to fix the leak, and the Court of Appeal,. Test was applied, and crashed whilst driving away done this the defendant appealed a finding that he liable! Matter this way: 31 will humbly advise Her Majesty that the damage a... By implication, as the Court of Appeal stated its conclusion about the causes. A valid reason for the above OBJECTIVE test was applied, and whilst... No way to their needs for pure, potable water aren & # x27 ; t,. 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