Australian court sits in Republic for first time

Legal history was made today when an Australian court sat for the first time in Dublin to hear how a train driver was paralysed…

Legal history was made today when an Australian court sat for the first time in Dublin to hear how a train driver was paralysed during a holiday swimming accident.

The hearing of the New South Wales Supreme Court - including solicitors, barristers and court officials - was held in Dublin with the special permission of the High Court.

Australian judge Mr Justice A. G. Whealy heard how Dubliner Mr Garry Mulligan (32) avoided death after diving into the sea at Coffs Harbour, north of Sydney, and broke his neck.

Mr Mulligan is claiming negligence against Coffs Harbour City Council.

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Although his girlfriend Ms Jennifer Brady saved his life, Mr Mulligan's hopes of a family or even future independence and dignity were destroyed as he was left paralysed from the chest down, the Court heard.

After Mr Justice Whealy expressed gratitude to the Chief Justice, Mr Justice Keane, Mr Brian Murray QC, Mr Mulligan's Australian counsel, outlined how his life had changed dramatically since the accident.

The court heard that Mr Mulligan and Ms Brady had bought a house before his accident and planned to become engaged. Mr Murray said: "He had everything to look forward to, a life involving marriage and a family".

But he could no longer have a family and suffered "fits of despair" and loss of dignity, Mr Murray said. "He has come to accept the disability but he is subject to fits of despair and particularly keenly feels his loss of independence and privacy".

Mr Mulligan is expected to give evidence later today.

PA