A long-running stoush over the selection of Liberal election candidates in NSW is set to continue, with disgruntled party members to seek a High Court appeal.
The NSW Court of Appeal on Tuesday rejected a legal challenge fronted by Sydney businessman 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, as well as candidates in nine other seats, on the eve of next month’s election.
The panel of three NSW Appeal Court judges ruled the dispute over preselection processes was not something they had the jurisdiction to intervene in.
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, they found.
Mr Camenzuli on Wednesday lodged an application for leave to appeal the decision in the High Court.
The application argues the Appeal Court erred in its finding it had no jurisdiction, citing a similar case in Victoria where the court did intervene, and that the powers granted to the federal division in the Liberal Party constitution had been misinterpreted.
A hearing to set out the next steps for the matter is expected on Thursday.
The legal action was prompted when the federal Liberal party division temporarily took over the NSW branch in March, after extensive delays in selecting candidates in key seats.
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 Camenzuli and his supporters argue the party constitution gives that right to rank and file members.
