Garry Mulligan and his lawyers now have to decide whether to appeal his damages claim further and risk even larger legal bills, writes Paul Cullen
As if a lifetime of pain, disability and medical complications were not enough, Mr Garry Mulligan now faces enormous legal bills arising from his unsuccessful negligence claim against Australian local and state authorities.
It will come as no comfort to Mr Mulligan or his family that his case, which saw an Australian court sit in Ireland for the first time, was so historic.
There is little solace, either, in the sympathy that all sides in this tragic case express for the former train-driver who was paralysed following a diving accident in New South Wales in 1999.
Now Mr Mulligan and his lawyers must decide whether to risk increasing his €500,000 legal bills further by appealing yesterday's decision of the Supreme Court of New South Wales. Legal sources say this would take the form of an appeal to the federal Supreme Court. His legal team were reluctant to comment on the case last night until they had seen the written judgment and spoken to their counterparts in Australia. The family is expected to discuss an appeal with their lawyers at the weekend.
In Australia, the verdict has been greeted with surprise. The Sydney Morning Herald described it as a "surprising shift" in favour of local councils in public liability claims, after a number of recent cases which resulted in massive payouts.
Last year, a quadriplegic man successfully sued a council for €2 million after he struck a sandbar on Bondi Beach while swimming. Another man won almost €3 million after his head hit a sandbar and he was paralysed.
What made Mr Mulligan's case different isn't yet clear.
Mr Mulligan told the court he had dived into the creek, but evidence was also heard that he had told doctors after his accident that he had run into and fallen in shallow water. He said he couldn't remember having made such remarks, but he was aware that if this had happened, he would not be able to maintain his claim for damages.
Lawyers for the council also seized on an admission in a diary kept by Mr Mulligan's then girlfriend, Ms Jennifer Brady, that the pair had "smoked joints". They claimed this revealed his attitude to the law and to following directions or warnings.
But the important feature of this case is the terrible plight of a young man whose life changed in a moment's misfortune. After he broke his neck, Mr Mulligan spent six weeks in intensive care and had to live in a special jacket for three months. He was suspended on a stretcher on the flight which returned him to Ireland.
Mr Mulligan is now wheelchair-bound. He can hold a spoon but not a glass. He has painful spasms in his shoulders and his sexual function has been destroyed. He lives with his elderly parents, who have refurbished their home in Donnycarney to meet his needs.