Peters v Commissioner for Railways of the State of Queensland

[1988] HCATrans 216

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B38 of 1988

B e t w e e n -

THOMAS WALLACE PETERS

Applicant

and

COMMISSIONER FOR RAILWAYS of

the State of Queensland

Respondent

Application for removal of ?art
of cause pursuant to section 40(1)

of the Judiciary Act 1903

NASON CJ
WILSON J

DEANE J

Peters

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 16 SEPTEMBER 1988, AT 9.34 AM

Copyright in the High Court of Australia

SlT2/l/RB 1 16/9/88

MR G.L. DAVIES, QC:  May it please the Court, I appear with

my learned friend, MR J.S. DOUGLAS, for the

applicant, the Attorney-General for the State of

Queensland. (instructed by the Crown Solicitor for

Queensland)

MR B. TOOMEY, QC:  May it please Your Honours, I appear with

my learned friend, MR R. WILKINS, for the

respondent Cormnissioner for Railways. (instructed

by Abbott Tout Russell Kennedy)

MR A.R.G. JOHNSON:  May it please Your Honours, I appear for

the respondent. (instructed by Stuart Cook & Braham)

MASON CJ:	When you say the respondent, who is the respondent?
MR JOHNSON:	The respondent Peters, Your Honours.

MASON CJ:  I see, yes. Yes, Mr Davies.

MR DAVIES:  Your Honours, Mr Peters was injured on 26 April 1983

at Tenterfield when he was engaged in cutting

sleepers from timber. He was cutting sleepers for

the respondent, the Cormnissioner for Railways of the

State of Queensland. He brought a claim under the

WORKERS COMPENSATION ACT New South Wales claiming

to be a contractor for a principal for whom he had

agreed to supply timber.

MASON CJ:  May I interrupt you, Mr Davies, to ask you is the

application consented to or opposed?

MR DAVIES:  I do not think it is opposed, Your Honour.

MR TOOMEY: It is consented to, Your Honour.

MR JOHNSON: It is consented to, Your Honour.

MASON CJ: In those circumstances, Mr Davies, the Court will

make orders in terms of the notice of motion, that

is orders as in paragraphs (a) and (b), removing

those questions into this Court.

MR DAVIES: If Your Honours please.

AT 9.36 AM THE MATTER WAS ADJOURNED SINE DIE

SlT2/2/RB	2	16/9/88
Peters