Australian court sits in Ireland

Legal history is being made today as an Australian court sits for the first time in Ireland to take evidence from a man paralysed during a holiday swimming accident.

Dubliner Garry Mulligan has been paralysed from the neck down since the freak accident on a beach north of Sydney in January 1999.

The 32-year-old former train driver dived into the water at Coffs Harbour, New South Wales, but hit his head on a sandbank, breaking his neck.

Only the fast actions of his girlfriend Jennifer Brady saved him from death, as she dragged him from the water.

Mr Mulligan launched legal action against the local authority and a number of state agencies with jurisdiction over the area where the accident occurred.

He claimed that a new pier, which was given the go-ahead by the council, caused the sandbank to form as the tide came in.

And because he was in a designated safe-swimming area when he was injured, he claims the council was negligent.

The Australian authorities considered deputising an Irish judge or setting up a video link to take Mr Mulligan’s evidence.

But with such a serious case, and the prospect of a multi-million pound payout if Mr Mulligan wins the case, the Irish High Court ruled that the entire court could sit in Dublin.

About 12 or 13 members of the New South Wales Supreme Court, including Mr Justice AG Whealy, solicitors, barristers and court officials were sitting at the Four Courts.

The proceedings are expected to last a week.

Mr Mulligan, who was on a six-month leave of absence with Ms Brady at the time of his accident, will give his evidence and be quizzed by lawyers for the council at the hearing.

He had to spend many months in hospital in Australia before he was able to travel home to Dublin.

Ms Brady has also launched legal action, claiming that she suffered nervous shock.

Proceedings are due to begin at 11am.