A compensation claim by a Dublin train driver (33) who was paralysed when he broke his neck in a swimming accident in Australia has been rejected by the New South Wales Supreme Court.
Mr Garry Mulligan of Dolphin Park, Donnycarney, sued a number of local and government authorities in New South Wales for up to €2.7 million in damages and claims he struck an underwater sand bank in an area where there were signs that it was safe to swim on January 24th, 1999.
Justice Anthony Whealy ruled that Mr Mulligan was responsible for his own injuries and ordered him to pay all court costs - estimated at close to €500,000.
The judge said the danger was, or should have been, obvious to Mr Mulligan and that it was an inherent risk in the plaintiff's swimming activities on that day.
The case created legal history when the Australian court sat in Dublin for two weeks.