[3] The case was closely related to another proceeding in the High Court (Mabo v Queensland (No 2),[4] decided in 1992) which was a dispute between the Meriam people (of the Mer Islands in the Torres Strait) and the Government of Queensland, in which several Meriam people, principally Eddie Mabo, contested that they had certain native title rights over the Murray Islands.

The Meriam people sought a demurrer to prevent the Queensland Government from relying on the Coast Islands Declaratory Act in their defence to the main case.

[2] The Queensland Government argued that the Act was valid, and had the effect of extinguishing any rights which the plaintiffs may have had, which may have survived annexation of the islands in 1879.

[citation needed] Both parties agreed that the case should proceed on the assumption that the plaintiffs did actually hold native title rights, although the question had not been decided yet.

They said that the effect of the Coast Islands Act was to arbitrarily deprive the Meriam people of their traditional property, by denying their native title rights.