NSW: Irish backpacker left paralysed appeals court ruling

AAP General News (Australia)
02-17-2004
NSW: Irish backpacker left paralysed appeals court ruling

By Kylie Williams

SYDNEY, Feb 17 AAP - An Irish backpacker left a quadriplegic after diving into a creek
on the NSW north coast is appealing a court ruling that he was responsible for his own
injuries.

Garry Sean Mulligan failed in his bid in the NSW Supreme Court to sue Coffs Harbour
City Council for damages after he was paralysed in a diving accident.

The 33-year-old dived into a creek at Coffs Harbour on January 24, 1999, and struck
his head on a sandbar beneath the water's surface.

Justice Anthony Whealy said in his judgment that had Mr Mulligan been successful he
would have been awarded $9 million in damages from the council and the other NSW government
agencies he tried to sue.

Instead Mr Mulligan was left with a huge legal bill including the cost of flying an
entourage of 10 barristers, solicitors and court officials to Dublin for a two week hearing
in which he and his doctors gave evidence.

In the NSW Court of Appeal today Mr Mulligan's counsel, Guy Reynolds, SC, said his
client did not contribute to his own injuries and in fact checked the depth of the water
by wading into it before he dived.

"It can't be said that he had no idea of what the real depth was," Mr Reynolds said.

"He made an assessment of it."

But barrister for the council, Mark McCulloch, said Mr Mulligan gave evidence that
he had some knowledge about diving into "natural areas of water".

He also said Mr Mulligan had not seen other people diving into the creek in the same
area, despite witnessing others swimming there.

"There was no evidence of him seeing people diving there," he said.

The hearing continues tomorrow.

AAP klw/nf/cjh/jlw h

KEYWORD: MULLIGAN

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