Australian court team to sit in Dublin in history-making case

IRISH legal history will be created next month when an entire Australian court will sit in Dublin to hear a negligence action taken by an Irish holidaymaker who was seriously injured in a diving accident in 1999.

More than a dozen members of the New South Wales Supreme Court, led by Mr Justice Anthony Whealy, will hear evidence in a case taken by 32-year-old former train driver Garry Mulligan.

The wheelchair-bound Dubliner is suing the local authority in Coffs Harbour, a popular coastal resort with a population of 60,000, located halfway between Sydney and Brisbane.

The Australian court has moved to Dublin as Mr Mulligan is unable to travel to Australia because of his condition.

Mr Mulligan was left paralysed from the neck down after hitting his head on a sandbank while swimming at Coffs Harbour three and a half years ago.

He is taking legal action against Coffs Harbour City Council, the Marine Parks Authority and the New South Wales Department of Land and Water Conservation. Mr Mulligan is also seeking damages from the Coffs Harbour Jetty Foreshore Reserve and its administrator.

The trial will begin in the Four Courts next Monday.

It is expected to hear evidence for several days before returning to Australia for sittings later that month.

Mr Mulligan is claiming that only the quick thinking of his girlfriend, Jennifer Brady, saved him from drowning in the incident during a six-month holiday which the couple took to Australia in early 1999.

Mr Mulligan spent several months in hospital in Australia before being allowed to return to Ireland.

He believes the construction of a new pier at Coffs Harbour, approved by the local council, caused the sandbank in a designated safe swimming area.

Ms Brady is also taking a separate action against the local authorities in Coffs Harbour for suffering shock.

The New South Wales Court had considered using a video link or deputising an Irish judge to hear Mr Mulligan's evidence. However, the Australian authorities decided it was necessary for the court officials, including judge, barrister, and solicitors, to travel to Ireland because of the massive compensation which could be awarded against the losing party.

The High Court has issued an order appointing Mr Justice Whealy as a commissioner to take evidence for a court in a foreign jurisdiction.

“The New South Wales Supreme Court applied to the Irish courts system and asked if this could happen,” Court Service spokesperson Gerry Curran said.

The travel expenses for the Australian court team is expected to be met out of any award.