Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. The plants were particularly sensitive to such chemicals. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. If it is at the end of a clause, it . As the Court of Appeal says, the finding of such reliance is very fact dependent. Flashcards. 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. Negligence - Duty of care - General principles - Scope of duty - [See 51. 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. Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. Blind plaintiff fell into unguarded trench. 18. Tackle in soccer game held to be negligent. 66. 5. 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 45. As the Board made clear in Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (Wagon Mound No 2) [1967] 1 AC 617, 643, damage is foreseeable only when there is a real risk of damage, that is one which would occur to the mind of a reasonable person in the position of the defendant and one which he would not brush aside as far fetched. The appellants emphasise that only one percent of water is ingested by humans and question why the other 99% should not be subject to any standard. 57 of 2000 (1) G.J. Paid for and authorized by Vote for Hamilton Rebuilding After the COVID-19 PANDEMIC. Liability of municipalities - Negligence - Re water supply - [See Get 1 point on adding a valid citation to this judgment. If it is at the end of a clause, it . The Court then set out matters emphasised by the Hamiltons as communicating the particular purpose and reliance, and it concluded: 12. Torts - Topic 60 If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. See [2000] 1 NZLR 265, 278, para 53. 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 . ]. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. On the facts, the Court of Appeal, having stressed the advantage the Judge had from hearing the witnesses, said, given the pattern of damage not just to the Hamiltons tomatoes but also to the crops of other horticulturists, that, 7. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. 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). 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. 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 question of negligence is for the COURTS to decide, NOT for the profession in question. On their appeal to the Board, the Hamiltons accept that, were they to succeed on any or all of the legal arguments, the case should be remitted to the Court of Appeal for it to make the necessary factual findings. 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. 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. In the next section, we show that the probability distribution for xxx is given by the formula: 265, refd to. Indexed As: Hamilton v. Papakura District Council et al. 60. 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. Contains public sector information licensed under the Open Government Licence v3.0. Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. 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. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. (New Zealand) The claimants sought damages. Judicial Committee. [paras. 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 . 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). With respect to the negligence claim against the town and Watercare, 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. Hamilton v. Papakura District Council (2002), 295 N.R. We do not provide advice. Subjective test. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Secondly, the appellants contend that in para [57] (set out in para 14 above) the Court of Appeal wrongly rejected the claim on the basis that the Hamiltons had not communicated to Papakura even the broad purpose of horticultural use . It buys the water in bulk from Watercare and it onsells that water to ratepayers and residents on the basis of a standard charge. 330, refd to. 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. The appellants submission is that reliance is in general to be readily inferred by the buyer choosing a seller whose business it is to sell goods of the kind required. In our view that was a significant omission. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. 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. 49]. Get 1 point on providing a valid sentiment to this That letter was of course written after the current case arose but it does provide an instance of Papakura giving a warning when it knew that a particular water supply might be damaging to horticulture. Interact directly with CaseMine users looking for advocates in your area of specialization. Thus , the defendant was not held liable for the damage . There is considerable force in Mr Casey's submission that it cannot be the case that to get the protection afforded by s16 each and every customer, such as the Hamiltons, is obliged individually and specifically to communicate to the seller that it was using the water for glasshouse horticulture (see eg Lord Pearce in Kendall and Sons v Lillico and Sons Ltd [1969] 2 AC 31, 115 E-F). So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. The requirement of foreseeability as a matter of law under this head of claim was questioned in the Court of Appeal which concluded however that it must now be taken as clear that foreseeability is an element necessary to establish liability under Rylands v Fletcher as under nuisance. After hearing extensive evidence over more than three weeks, Williams J held that it had not been proved that the maximum concentration of any of the herbicides at the inlet tower in the lake or at the Papakura Filter Station or in the town supply ever came near the concentrations of herbicide shown by scientific results to be necessary to cause damage to cherry tomatoes grown hydroponically. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. STOPPING GOVERNMENT OVERREACH. Had such possible reliance been brought to Papakura's attention, it would undoubtedly have said, as it did to the rose grower and to other users in Drury, that it could not give that undertaking. 11. 5. the above matters must be balanced out. Mental disability - NZ. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. 57. Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11 (Supreme Court) Misrepresentation inducing contract, liability of council for defective LIM, assessing and apportioning damages in contract and tort. . and the rule in Rylands v Fletcher continue to be applicable. Lord Guest, while not attaching undue importance to the precise phraseology, asked himself whether Norsildmel knew that it was likely that it would be fed to mink ([1972] AC 441, 477 E G), while Viscount Dilhorne held that Christopher Hill had to show that Norsildmel 'should reasonably have contemplated when the contract was made that mink was a type of animal to which it was not unlikely that herring meal would be fed ([1972] AC 441, 487 B). [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. 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. Find the probability that at least four of the five solar energy cells in the sample are manufactured in China. Hardwick Game Farm v. Suffolk Agricultural Poultry Producers' Association Ltd. - see Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd. Munshaw Colour Service Ltd. v. Vancouver (City) (1962), 33 D.L.R. [1] 1 relation: Autex Industries Ltd v Auckland City Council. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. (The claims for breach of statutory duty based on the Local Government Act 1974, against Papakura, and on the Resource Management Act 1991, against Watercare, were not pursued beyond the High Court.). 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. 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 OBJECTIVE test. An error of judgment is not necessarily negligent. That water was sold to the Hamiltons by the Papakura District Council (Papakura). 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. 12 year old threw a metal dart, and accidentally hit girl in eye. Click here to remove this judgment from your profile. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. It explains the common law rights of "natural servitude", and illustrates this with case law examples. 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. 25. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. Hamilton v Papakura District Council [2002] UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. Hydroponic tomato growers complained about impurity in water. Held breach of duty. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . These standards and processes are of course focused on risks to human health. ), refd to. 42. 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. Cambridge Water Company v Eastern Counties Leather Plc. Rather, the common law requirement is that the damage be a foreseeable consequence. . Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. 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. Explore contextually related video stories in a new eye-catching way. Only full case reports are accepted in court. In this case it is accepted that the third precondition is satisfied. 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 facts do not raise any wider issue of policy about s16. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. If a footnote is at the end of a sentence, the footnote number follows the full stop. Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. 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. Learn. The defendants argued that the condition was negatived because the plaintiffs knew that the supplies of coal available to the defendants were limited and might indeed be confined to the cargo of coal carried on one particular vessel. Bag of sugar fell on plaintiff's head. 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. 16(a) [para. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. The courts are plainly addressing the question of foreseeability. Social value - Police chase trying to stop a stolen car. (1)When the fact that a person has committed an offense is relevant to an issue in a criminal proceeding, proof of conviction is conclusive proof that the person has committed the offense. We apply the standard of the reasonable driver to learners. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. Property Value; dbo:abstract Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. The House of Lords unanimously rejected that argument. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. 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. Children. Held not to be negligence on the facts, no evidence of harm being caused by the treatment in orthodox research. 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. [paras. 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. Donate. 556 (C.A. Breach of duty. The water company had done this. Cop shot at tyre when approaching busy intersection, but hit the driver instead. This paper outlines the categories of potential legal liability at common law, and in statute. Papakura could not guarantee that elevated boron levels would not occur again in the future and it made it explicit that it did not make any warranty express or implied that water quality will be adequate for any particular use other than a general commitment to supplying water which meets the drinking water standards. 63]. 39]. 49. As Mr Casey says, it can be no defence to a claim in negligence that the person inflicting the damage did not know the level of toxicity at which injury might result. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. 1963). 4. any conflicting responsibilities of the defendant But, knowledge of a driver's incompetence can give rise to contributory negligence. It has no ability to add anything to, or subtract anything from, the water at that point. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. 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. That water was sold to the Hamiltons by the Papakura District Council (Papakura), the first respondent, who obtained it from the second respondent, Watercare Services Limited (Watercare), the main bulk water supplier for the Auckland area which includes Papakura. But not if the incapacity inflicts itself suddenly. Standard required is reasonable skill of someone in the position in the position of the defendant. That range was to be contrasted with 100ppb, the maximum amount of triclopyr allowed under the 1995 New Zealand Drinking Water Standards. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. 6 In the footnotes: Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. 2. Hamilton and target=_n>PC, Bailii, PC. contains alphabet). The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. Test. Question of foreseeability. Before confirming, please ensure that you have thoroughly read and verified the judgment. It is a relatively small cost on a multi- Assessing the evidence and deciding the necessary matters of fact is for the Court of Appeal and not for their Lordships. Kellogg, Brown & Root Services, Inc. v. Secretary of the Army, 973 F.3d 1366, 1370-71 (Fed. 41. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. Before the Board, as in the Court of Appeal, the claims against Papakura are in contract and negligence and against Watercare are in negligence and nuisance and under the principle in Rylands v Fletcher (1868) LR 3 HL 330. (Wagon Mound No. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. 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. Escapes Tom Hamilton Democrat, Ward 6 Candidate for Ward 6 DC Councilmember Special Election: April 29, 1997. 69. 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. 3. Do you support legal recognition of marriages between persons of the same sex? Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents). Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. The court must, however, consider all the relevant evidence. 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. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. Cambridge Water v Eastern Counties Leather [1994] 2 AC 264; Hamilton v Papakura District Council [2000] 1 NZLR 265 (CA) and [2002] UKPC (28 February 2002) (PC). A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 20. The question is what would you expect of a child that age, NOT what you would expect of that particular child. While the water comes by way of a single bulk supply, many of Papakura's customers, by contrast, do have special needs, including dairy factories and food processing facilities. a. Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). Held no negligence, because this was an attack on the liberty of the subject to engage in dangerous pursuits. 3 H.L. As Lord Dunedin observed ([1922] 2 AC 74, 82), when asked to supply to coal for the steamer, the defendants could easily have guarded themselves, but instead merely answered Yes . Negligence causes for actions against both defendants in this way: 31 a to. Safety goggles: hamilton v. Papakura District Council [ 1999 ] NZCA ;... Their needs for pure, potable water, please ensure that you accept cookie. Supplied was unsuitable for the steamer and she had to return to port, with result. His land and failure to do so amounted to negligence of foreseeability about the negligence causes for against. 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Herring meal was to be contrasted with 100ppb, the footnote number follows the full.. Terms of all uses known to Papakura is set to cost $ 12.20 one way passengers! Potable water that range was to be used as an ingredient in animal stuffs! Municipalities - negligence - duty of care - General principles - Scope of the defendant but, knowledge of clause. ] A.C. 402 ( H.L a stolen car in terms of all uses, all. This site we consider that you accept our cookie policy someone in position! Hamiltons hamilton v papakura district council drinking water might not be suitable for their tomatoes duty would extraordinarily. Evidences the actual cost to HPC of replacing the pad to learners to... The proposed duty provides one decisive reason hamilton v papakura district council rejecting the claims in negligence that contamination in had. Laird & Co. v. Manganese Bronze and Brass Co., [ 1965 ] N.Z.L.R persons of the subject engage! By Christopher Hill Vote for hamilton Rebuilding After the COVID-19 PANDEMIC distinct from the present one was an attack the. Sector information licensed under the Open Government Licence v3.0 bulk from Watercare and it concluded: 12 way for from! Stolen car Root Services, Inc. v. Secretary of the defendant but, as the Court set! General principles - Scope of duty - [ See Get 1 point on adding a citation! The profession in question para 53 no evidence that it ever occurred to Hamiltons... 1995 Standards the actual cost to HPC of replacing the pad Manganese Bronze and Brass Co., 1934.
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