Rocker's $330,000 for crash on drink: [6 NSW Country Edition]
Dan Box, John Stapleton. The Australian [Canberra, A.C.T] 26 May 2006: 8.
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Abstract
Simon Binks, 49, sued North Sydney Council over the crash at Milsons Point, claiming it was liable for his brain damage and lost earnings because roadworks in the area were poorly lit and badly signposted.
Binks had a blood alcohol reading of 0.133 an hour after his 1970 Mercedes Benz 280SL crossed to the wrong side of the road, mounted the kerb and hit a telegraph pole, leaving a 25m tyre mark.
Together with singer James Reyne, Binks formed Australian Crawl, which went on to become one of the country's most popular rock bands during the early 1980s.
THE former lead guitarist with rock group Australian Crawl has been awarded $330,000 in damages for a 1995 car crash, despite a judge criticising his "moral culpability" for driving while almost three times over the limit.
Simon Binks, 49, sued North Sydney Council over the crash at Milsons Point, claiming it was liable for his brain damage and lost earnings because roadworks in the area were poorly lit and badly signposted.
The decision provoked anger from the council, road safety advocates and on talkback radio yesterday.
Binks had a blood alcohol reading of 0.133 an hour after his 1970 Mercedes Benz 280SL crossed to the wrong side of the road, mounted the kerb and hit a telegraph pole, leaving a 25m tyre mark.
The former musician was driving home to Neutral Bay after drinking with friends at a hotel in Sydney's east.
In a NSW Supreme Court ruling yesterday, judge Clifton Hoeben said the council had breached its duty of care because the roadworks combined with the signs "created a confusing and ambiguous situation".
Binks would have been entitled to almost $918,000 in damages, but the judge reduced it by 65 per cent because the blood-alcohol level was a significant contributor to the crash.
General manager of North Sydney Council Penny Holloway said the council was considering an appeal.
"There had been no other accidents there, it was well-lit and there were signs indicating that roadworks were under way," she said.
Police notes made at the scene said the road was dry and visibility was good.
Binks's lawyer Stephen Kaouna said the council had an obligation to provide a safe road for drivers.
"Whether you are drunk, speeding or impaired in any other way, does not relieve council of their obligation."
Together with singer James Reyne, Binks formed Australian Crawl, which went on to become one of the country's most popular rock bands during the early 1980s.
During the trial, a bitter dispute flared over who wrote one of the band's most popular hits, The Boys Light Up, with Binks claiming it was he, not Reyne.
The guitarist claimed sensory loss on his right side left him unable to play the guitar professionally.
Since 1998, he has lived on a disability pension, supplemented by royalties from Australian Crawl.
Despite the considerable sum of money Binks made during the height of his career, "he seems to have spent it as quickly as he received it", Justice Hoeben said.
When the band split in February 1986, Binks had just $10,000 and a collection of guitars and Japanese swords to his name.
Credit: Simon Binks
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