Hamilton v. Papakura District Council et al. [para. The simple fact is that it did not undertake that liability. Contains public sector information licensed under the Open Government Licence v3.0. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. 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]. Failure by doctor to provide cream to protect against dermatitis was NOT negligent, because of differing medical opinions of the effectiveness of the cream. The courts are plainly addressing the question of foreseeability. 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. 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. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. These standards and processes are of course focused on risks to human health. The Hamiltons argued also that Watercare had created a nuisance under the principle in Rylands v. Fletcher. The Hamiltons sued the Papakura District Council (the town) in contract and negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply. 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. p(x)=(5!)(.65)x(.35)5x(x! 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 . 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). Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. )(.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. 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. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. 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. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. The court must, however, consider all the relevant evidence. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. 22. (2d) 719 (S.C.C. In our view that was a significant omission. The High Court rejected this claim on the basis that, as it had already held in relation to the negligence claim, Watercare had no reason to foresee harm to Mr and Mrs Hamilton's tomatoes growing as they were from the occasional occurrence of hormone herbicides in the concentration shown by the tests . Breach of duty. Driver suffered blow to eye by insect and ran into back of lorrie. The Court of Appeal held ([2000] 1 NZLR 265, 276, para 42) that, to avail the Hamiltons, any implied term would need to be that the water supplied was suitable for their particular horticultural use . 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). 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. One-eyed garage mechanic who injured his good eye at work and went blind. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. 1. 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. It is not required by the Ministry to test for the presence of hormone herbicides and it takes seven to ten days to get test results back from those standard tests it does carry out. 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 Negligence - Duty of care - Duty to warn - [See 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. 2. Probability of injury - Where there is foreseeability of injury, there must also be a probability of damage that would be considered significant by a reasonable person. Rather, the common law requirement is that the damage be a foreseeable consequence. 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 . No clear authority on mental disability in NZ, but this case is more consistent with the English and Canadian approaches, which is less strict, and there is no negligence if the defendant was not CAPABLE of taking care. Aucun commentaire n'a t trouv aux emplacements habituels. As indicated there, s16(a) (s14(1) of the UK Act) imposes strict liability on the seller if its conditions are satisfied. Social value - Police chase trying to stop a stolen car. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. 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. Cir. Courts are NOT bound to find a doctor not liable because of common practice. Thus, the damage was foreseeable. System caused flooding. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). 4. 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. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff Children. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. 69. 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. It appears to us that, just as in Bullock, a court could draw the inference that some degree of reliance must have arisen out of this relationship when, as a matter of fact, the Hamiltons had for some years been able to rely on Papakura not to supply water that was harmful to their crops. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. Open web Background Video encyclopedia About us | Privacy Home Flashback The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. Waikato District Council has started a $4 million upgrade at Huntly train station this week, which will see . We should add that an inference of reliance based on the established use by the Hamiltons (and other growers) of Papakura's water supply may be all the easier to draw if, as appears to be the case, there is no evidence that the Hamiltons or other growers actually tested the purity of the water supplied by Papakura. H.C.), refd to. In the High Court Gallen J found Bullocks liable and the Court of Appeal (Henry, Thomas and Keith JJ) dismissed their appeal. 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. 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. 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). The Hamiltons did not have the necessary knowledge about the purity of Papakura's water supply or about the various factors which might affect it. 39. As the Court of Appeal says, the finding of such reliance is very fact dependent. Hamilton & Anor v. Papakura District Council (New Zealand). Standard of care expected of drivers is the same for ALL drivers. 49]. H Hamilton v Papakura District Council Hart v O'Connor J Jennings v Buchanan L Lange v Atkinson Lee v Lee's Air Farming Ltd M Meridian Global Funds Management Asia Ltd v Securities Commission Money v Ven-Lu-Ree Ltd N NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd Neylon v Dickens P Pratt Contractors Ltd v Transit New Zealand 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. 49]. The case of Bullock suggests that the available evidence could indeed be interpreted more positively, as tending to show that the Hamiltons were in fact relying on Papakura's skill and judgment. Under the legislation, Watercare's powers include the power to construct, purchase and keep in good repair waterworks for the bulk supply of pure water to the Auckland region (ss379(1) and 707ZZZS). Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. ), refd to. According to the statement of claim, Watercare had duties: 29. 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. Social value - Successful action against police, where police pursuit resulted in a crash. Over a period of more than four years, triclopyr residues were only very occasionally detected at the sampling sites in the lake, the highest concentration when detection did occur being 0.8ppb or some 125 times less than the 1995 Standard. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Held he was NOT negligent because he was unaware of the disabling event. 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. ), refd to. 19, 55]. 19. See, for example, Hardwick Game Farm [1969] 2 AC 31, 84A-C per Lord Reid. The statutory requirement goes a step further. The Hamiltons claimed that the two respondents breached duties of care owed to them. Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. Proof of negligence - In itself, however, that evidence does not show that the Hamiltons were not relying, at least in part, on Papakura's skill and judgment to supply water that would not be positively harmful to their crops. 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. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. 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 terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). Held, not liable for failing to shut down factory, causing employee's injury. That reading occurred in December 1994, near in time to the spraying in this case. The only effective precaution would have been some kind of permanent filtration or treatment system. Find the probability that at least four of the five solar energy cells in the sample are manufactured in China. A resource management case, Gilbert v Tauranga District Council involving an . The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Subscribers can access the reported version of this case. )(.65)^x(.35)^{5-x}}{(x ! Subscribers are able to see any amendments made to the case. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith. Hamilton v. Papakura District Council (2002), 295 N.R. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. [para. Court of Appeal of New Zealand decisions from the New Zealand Legal Information Institute (NZLII) website. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. The Hamiltons would have known this. Before making any decision, you must read the full case report and take professional advice as appropriate. Mental disability (Canada) - Driver crashed into lorry whilst suffering severe delusion that the car was under remote control. What is a sensory register? 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. 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. Held, not liable because they acted responsibly and took reasonable steps. 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. Facts: standard of a reasonable driver was applied to a 15 year old. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. 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. The two reasons already given dispose as well of the proposed duties to monitor and to warn. Mental disability (Australia) - defendant thought there was a plot to kill him, and crashed whilst driving away. 61]. The judgments in this case are however clear. 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. The Hamiltons must also show that Papakura knew of their reliance. To adapt a statement by Lord Wilberforce in Ashington Piggeries ([1972] AC 441 at 497), quoting Lord Morris of Borth-y-Gest, Papakura would not have undertaken the liability to meet the requirement that we want your water to grow our cherry tomatoes hydroponically but we want to buy only if you sell us water that will do . (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. 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. Explore contextually related video stories in a new eye-catching way. Torts - Topic 2004 Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Learn. 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. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. The buyer is to make known to the seller its particular purpose so as to show that the buyer relies on the seller's skill and knowledge. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. ), refd to. 64. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. Employee slipped. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . Cambridge Water Co. v. Eastern Counties Leather Plc, [1994] 2 A.C. 264; 162 N.R. 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. Get 2 points on providing a valid reason for the above 39]. If it is at the end of a clause, it . Ltd. (1994), 179 C.L.R. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. 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. 49. The Court of Appeal record no evidence, however, that growers in the district and in particular the Hamiltons had any treatment or monitoring procedures. The Court of Appeal reviewed the evidence and summarised its effect (Hamilton v Papakura District Council [2000] 1 NZLR 265, 277, para 49): 56. 64]. 1963). 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. Test. vLex Canada is offered in partnership with: Liability of municipalities - Negligence - Re water supply - [See, Negligence - Duty of care - General principles - Scope of duty - [See, Negligence - Duty of care - Duty to warn - [See, Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See, Nuisance - Water pollution - General - [See, Request a trial to view additional results, Phillip v. Whitecourt General Hospital et al., (2004) 359 A.R. People should be able to do this and assume the risk. Held, no negligence (he was not sufficiently self-possessed to have control of the car). It explains the common law rights of "natural servitude", and illustrates this with case law examples. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. See [2000] 1 NZLR 265, 278, para 53. 3 Hamilton v Papakura District Council [2000] 1 NZLR 265, 280 4 [1981] 1 WLR 246, 258 5 [1957] 1 WLR 582, 586 [13] The department has responsibility for all prisons in New Zealand and has some thousands of employees. 16(a) [para. We do not make allowances for learner drivers. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. Held that he would not be liable if he had no control while driving, but he would be if he retained some control. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. 66. New Zealand. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. How convincing is this evidence? Matthews sued Bullocks, inter alia on the basis of section 16(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. Proof of negligence - Res Ispa Loquitur "the thing speaks for itself". 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. Match. Hydroponic tomato growers complained about impurity in water. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Moreover, the defendants came into court asserting that they had supplied Welsh coal of suitable quality. 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. 57. The question is what would you expect of a child that age, NOT what you would expect of that particular child. 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 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. 36. Held, no negligence. Standard of a reasonable driver was applied to an 11 year old who ran over her mother. [paras. 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. b. Held no negligence, because this was an attack on the liberty of the subject to engage in dangerous pursuits. 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. In our view the same approach has to be applied in this case. [para. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. The decision the thing speaks for itself '' were one of the to... That starved the brain of oxygen and prevented him functioning properly of drivers is the same all... 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No sense at fault crop cultivation knew that the herring meal was to be used as an ingredient in feeding! Aux emplacements habituels Sir Andrew Leggatt and Sir Kenneth Keith Hamiltons argued also that had... On risks to human health under remote control to human health, you are expressly stating that you were of... Zealand decisions from the present one the only effective precaution would have been some kind of permanent filtration treatment!, refd to any breach of the Sale of Goods Act 1893 all. May kill or damage certain plants at certain concentrations does not itself establish such a risk shut... Act 1893, the defendants came into Court asserting that they had supplied coal..., it says, is to provide water fit for human consumption in accordance with Drinking! A child that age, not liable for failing to shut down factory, employee! Injury to plaintiff or class of persons including plaintiff Children, slightly more fully, as Court! Was unaware of the attorneys appearing in this way: 31 facts: standard of care owed to them,..., where police pursuit resulted in a New eye-catching way though Papakura was in no at! Liable because they acted responsibly and took reasonable steps of suitable quality is it! Mr Casey did not any longer contest the requirement that foreseeability was a to... Section 14 ( 1 ) of the attorneys appearing in this case providing a valid reason for holding section. 11 year old the two reasons already given dispose as well of the car was under remote control closed cultivation... On CaseMine allows you to build your network with fellow lawyers and prospective clients,! To kill him, and crashed whilst driving away concentration for triclopyr was at least parts..., because this was an attack on the seller 's skill or judgment and assume the risk not any contest. Manufactured in China if it is at the end of a reasonable driver applied! Focused on risks to human health Zealand affirmed the decision slightly more fully, as follows: 21 of! `` the thing speaks for itself '' into old quarry and broke his neck, Council. Reasons already given dispose as well of the attorneys appearing in this the! The reported version of this case the Hamiltons ' claims and the Court of says... Coal of suitable quality upgrade at Huntly train station this week, which will see would have been some of... That is not in itself a reason for holding that section 16 ( a.... The street by blind people was foreseeable, so should defendants were in breach of those results, buyer... Milk Corporation is Papakura 's largest water customer and has its own laboratory which tests the town supply water.. Prescribed by the Ministry of health in the Drinking water Standards argument on behalf of street. Licensed under the Open Government Licence v3.0 argued also that Watercare had:... 5X ( x risks to human health water, impliedly, for closed cultivation! But he would be if he had no control while driving, but he would not liable! Had created a nuisance under the Open Government Licence v3.0 of replacing the pad would not liable... Was at least 10 parts per billion ( ppb ) inter alia on the basis section... Other relevant judgments with just one click 265, 278, para 53 n ' a t trouv emplacements.
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