6 In the footnotes: [para. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). In essence, the purpose must be sufficiently particular to enable the seller to use his skill and judgment in making or selecting the appropriate goods: Hardwick Game Farm [1969] 2 AC 31, 80C per Lord Reid. ), refd to. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. Finally, in its discussion of the cases, the Court mentioned the difficult issues which may arise where a broad purpose is specified and the goods are suitable for some uses within that purpose and not others. Negligence - Duty of care - General principles - Scope of duty - [See Negligence - Causation - Foreseeability - The Hamiltons sued the Papakura District Council (the town) and its water supplier, Watercare, for negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes - The Judicial Committee of the Privy Council dismissed the Hamiltons' negligence claim where the proposed duties were extraordinarily broad in scope and would go far beyond what was just and reasonable in the circumstances - Further, there was a lack of reasonable foreseeability - See paragraphs 27 to 45. In their Lordships view there is ample, indeed compelling, support for the concurrent conclusions reached by both Courts below that the Hamiltons have not shown that Papakura knew they were relying on Papakura's skill and judgment in ensuring that the bulk water supply would be reasonably fit for their particular purpose. Nature of Proximity authority . Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. The question then is whether, on the evidence, using the water for cultivating tomatoes or cherry tomatoes was a normal use within that particular purpose, was something for which Papakura 'should reasonably have contemplated that it was not unlikely the water would be used. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. 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. 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. 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. ), refd to. Factors to be taken into account by a reasonable person, to determine if there has been a breach: The House of Lords unanimously rejected that argument. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. 46. 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. Hill (Christopher) Ltd. v. Ashington Piggeries Ltd.; Hill (Christopher) Ltd. v. Norsildmel, [1972] A.C. 441 (H.L. Hydroponic tomato growers complained about impurity in water. They now appeal to Her Majesty in Council. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. The claims against the town and Watercare failed because the duties proposed by the Hamiltons were too broad and there was a lack of reasonable foreseeability. The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. Throughout, the emphasis is on human health. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. 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. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. The Hamiltons appealed. We do not make allowances for learner drivers. Explore contextually related video stories in a new eye-catching way. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. 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. As pleaded, Papakura had. If a footnote is at the end of a sentence, the footnote number follows the full stop. Special circumstances of a rushed emergency callout. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. Hamilton and target=_n>PC, Bailii, PC. It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. Held: The defendant . 1. 44. ), refd to. 68. [paras. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. 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. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. Test. Solicitor had used a conveyancing practise which was commonly used, but it failed to protect against embezzlement. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. 49]. 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. 24. The Hamiltons must also satisfy the second precondition of a claim under section 16(a). 35. 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 . 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. It had never been suggested to them that there might be a problem with the water supply. Kellogg, Brown & Root Services, Inc. v. Secretary of the Army, 973 F.3d 1366, 1370-71 (Fed. That water was sold to the Hamiltons by the Papakura District Council (Papakura). Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See Indexed As: Hamilton v. Papakura District Council et al. The flower growers in the area had been aware of this and had avoided town water supply for that reason. The Court continued: 33. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. Judicial Committee of the Privy Council Standard of reasonable adult is usually applied to 15-16 year olds. ), refd to. The Court of Appeal did not address the issue formulated in that way and did not examine the evidence from that point of view. 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. 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 that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. But not if the incapacity inflicts itself suddenly. Blind plaintiff fell into unguarded trench. They must make sure that the treatment is not HARMFUL by checking orthodox research. 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 plants were particularly sensitive to such chemicals. 3. expense, difficulty and inconvenience of alleviating the risk Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 25. Oyster growers followed approved testing following a flood, but did not close down whole business. 195, refd to. 39. 66. For the reasons which we have given we consider that the Court of Appeal erred in law in making their assessment of the evidence and hence in the conclusions which they drew from it in respect of the requirements of section 16(a). The seller in that case is not relieved of the warranties in the Sale of Goods Act by pleading ignorance of the identities of its customers. (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. Burnie Port Authority v. General Jones Pty. 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