Peters v Commissioner for Railways of the State of Queensland

This matter concerned an application by the Attorney-General for the State of Queensland, as applicant, for the removal of part of a cause pursuant to section 40(1) of the Judiciary Act 1903. The respondent to the application was Thomas Wallace Peters, who had been injured on 26 April 1983, while cutting sleepers from timber at Tenterfield. Peters had brought a claim under the Workers Compensation Act of New South Wales, asserting he was a contractor for the Commissioner for Railways of the State of Queensland, the principal for whom he had agreed to supply timber.

The legal issue before the High Court was whether to grant the application to remove certain questions from the cause into the High Court. The application was made by the Attorney-General for Queensland.

The Court was informed that the application was not opposed by the respondents. Given this consent, the Chief Justice, Mason CJ, indicated that the Court would make orders in terms of the notice of motion, specifically ordering the removal of the specified questions into the High Court.