Case Note: North Sydney Council v Binks [2007] NSWCA 245

DLA Phillips Fox acts for North Sydney Council in this matter.

Facts

At approximately 1am on 20 July 1995, Simon Binks, on his way home from a night at a pub in Paddington, Sydney, crashed his vehicle at an intersection at Milsons Point, adjacent to the Sydney Harbour Bridge.

Mr Binks suffered head trauma and could not recall the accident. There were no eyewitnesses. A roundabout, under construction at the intersection, was covered with reflective mesh and lit with overhead lights and flashing warning lights. The roundabout and works were visible at least 100 metres away. The only objective evidence as to the cause of the accident was skid marks which indicated that, at a point 20 metres from the intersection, Mr Binks was still travelling at between 60 and 77 kph. A blood sample taken at hospital revealed Mr Binks had a blood alcohol concentration of 0.133.