North Sydney Council V Binks
North Sydney Council v Binks
Basic Information
Who is the plaintiff? The defendant?
The plaintiff is Simon John Binks, the defendant is North Sydney Council.
Who is the appellant? The respondent?
The appellant is North Sydney Council, the respondent is Simon John Binks
What is the correct citation of the case?
North Sydney Council V Binks 〔2007〕NSWCA245
Which judges decided the case?
Beazley JA, Santow JA and Basten JA
Who were the legal representatives of each party?
The legal representatives of appellant included barristers: M. Joseph SC and N. Polin, and solicitor: Phillips Fox.
The legal representatives of respondent included barristers: Gross QC and R. Royle,, and solicitor: Levitt Robinson.
In which court was the case decided?
The case was decided in the Supreme Court of New South Wales Court of Appeal.
In which court/ tribunal did the case begin?
This case began in divisional level of the Supreme Court of New South Wales.
How do the courts/ tribunals fit into the Australian court hierarchy?
The Supreme Court is the second highest level of New South Wales judicial hierarchy. It operates at a divisional level and an appellate level. The divisional level consists of ordinary judges of the Supreme Court, judges who deal with civil, criminal and other matters. The appellate level consists of the Court of Appeal and the Court of Criminal Appeal. The Court of Appeal hears appeals from the decisions of single judges of the Supreme Court1.
The facts
1 The University of Sydney Business law Reading Materials for Legal Environment and Commercial Laws, volume1（2007）at p. 63
1
Relevant facts of the case
At approximately 1am on 20 July 1995 the Respondent, Mr. Binks was driving his motor vehicle in a southerly direction in Alfred Street in Milsons Point. As he approached the road works which were being undertaken...
Please login to view the full essay...