A NSW court decision in a Liberal stoush could create a hurdle for Scott Morrison as he prepares to trigger a federal election.
Lawyers for Sydney businessman Matthew Camenzuli are seeking a declaration that the “purported” candidate endorsements of three federal MPs – ministers Sussan Ley and Alex Hawke and backbencher Trent Zimmerman – were not valid.
Mr Morrison, NSW Premier Dominic Perrottet and former federal party president Chris McDiven were appointed as a panel to preselect the last batch of NSW Liberal candidates ahead of the election.
Mr Camenzuli’s barrister Scott Robertson argued in the NSW Court of Appeal on Friday the panel did not have the power to preselect the candidates, but rather it should be the role of rank and file Liberal Party members.
Three judges of the Court of Appeal are due to deliver their decision at 2pm on Tuesday.
Mr Robertson argued the power of selection and endorsement of candidates in the party’s constitution is not one that can be taken over by the federal executive.
He noted the national importance of the case and its urgency, given the upcoming federal election, due to be held in May.
Nominations for candidates close 10 days after the election writ is issued.
Guy Reynolds SC, for the prime minister and premier, said the claim could not succeed, referring to a High Court decision in another case relating to the rules of a voluntary, unincorporated association.
Any declaratory relief given by the appeal court would not be binding or enforceable, he said.
