A day after a legal bid to overturn the endorsement of NSW Liberal election candidates was dismissed, disgruntled party members have sought leave to appeal the decision in country’s highest court.
The NSW Court of Appeal on Tuesday rejected a legal challenge launched by Sydney businessman and NSW party executive Matthew Camenzuli, who sought to have the “purported” preselection of the MPs declared invalid.
If he succeeded, Prime Minister Scott Morrison faced the prospect of losing ministers Sussan Ley and Alex Hawke and backbencher Trent Zimmerman.
A panel of three Appeal Court judges ruled the dispute over preselection processes was not something the justice system had the jurisdiction to intervene in.
“The nomination and endorsement provisions do not confer statutory rights upon candidates at the anterior stage of preselection,” Justice John Basten said.
“The dispute is not justiciable.”
Even if the court did have jurisdiction, the federal division did not exceed the “broad power of intervention” conferred to it under its constitution, and the challenge would have been rejected.
But in an application for leave to appeal the decision in the High Court lodged on Wednesday night, lawyers acting for Mr Camenzuli said the Appeal Court erred in its finding it had no jurisdiction.
It claims the justice system has intervened in preselection matters before, citing a recent Victorian Courts of Appeal decision on Labor preselections.
The court also had misinterpreted the constitution of the Liberal Party, in finding the federal division’s powers were broad enough for it to intervene in the way it has.
“The court below should have instead concluded that, on the proper construction of the governing documents of the Liberal Party of Australia (Liberal Party), the purported endorsement resolutions were not effective to constitute an endorsement,” the application reads.
After months of delays to selecting candidates in key seats, the federal Liberal party division intervened and temporarily took over the NSW branch in March.
A panel – consisting of Mr Morrison, NSW Premier Dominic Perrottet and former federal party president Chris McDiven – were appointed to finalise the last batch of candidates.
Mr Hawke, Ms Ley, Mr Zimmerman and nine other candidates were preselected.
