Decided 28 February 2002 Location New Zealand | Transcript(s) Privy Council judgment End date February 28, 2002 | |
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Citation(s) [2000] 1 NZLR 265, [2002] 3 NZLR 308, [2002] UKPC 9 Judge sittings Donald Nicholls, Baron Nicholls of Birkenhead | ||
Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher.
Background
The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. When they found their crop had been destroyed, they claimed that the water supply company and the local council were at fault, claiming that the water was contaminated by minute traces of herbicide in the water supply.
They claimed that this was a breach of the Sale of Goods Act [1908].
References
Hamilton v Papakura District Council Wikipedia(Text) CC BY-SA