Bitter infighting in the Liberal Party over NSW preselections has reached the High Court, with a scheduled late-Friday application hearing complicating Scott Morrison's plans to call an election.
Former New South Wales Liberal party member Matthew Camenzuli has won an urgent special leave application hearing in the High Court in his battle with the party's federal branch over preselections.
It remains unclear what the application hearing means for when the Prime Minister will call an election. There had been speculation Mr Morrison might call the election on Friday but that is now uncertain.
Mr Camenzuli is challenging the endorsement of several candidates, including Cabinet ministers Alex Hawke and Susan Ley, who were installed by the federal body.
Mr Morrison is listed as one of those targeted in the challenge.
Mr Camenzuli lost his case in the New South Wales Court of Appeal this week, when he tried to challenge the federal branch takeover of the preselections.
Only on Wednesday he was expelled from the party.
But he has pressed on with the case, lodging his High Court challenge, saying the Court of Appeal was wrong to find the endorsements by the federal branch were valid.
Second time case has been brought to attention of High Court
It is the second outing for the case in the High Court after the federal branch of the party, and Attorney-General Michaelia Cash, asked for the matter to be removed to the court before the state court appeal hearing.
Chief Justice Susan Kiefel remitted the matter to the appeal court, after the Commonwealth conceded that while it had raised the matter, it would not be intervening.
Mr Morrison's lawyer Guy Reynolds pointed out at the time that whoever lost in the Court of Appeal would be straight back to the High Court.
"And when it does the matter will be even more urgent," Mr Reynolds said.
"There will be applications to hear cases on the weekend or over Easter."
But Chief Justice Kiefel was resolute.
"You are not scaring me, Mr Reynolds," she said.
"Urgency is a matter that the court deals with all the time.
"You should not assume that an application for special leave would be granted, of course."
In the end, it has been the other side that has brought the case back to the High Court.
When election will be called remains uncertain
A key issue in the case will concern whether a dispute over the rules of an unincorporated political party can be dealt with by a court.
If the urgent special leave application is granted, the full appeal is likely to be brought on as soon as possible because of the looming election.
If special leave is not granted, the matter will be over and Mr Morrison's candidates will be locked in.
The election is due in May.
If Mr Morrison wants to hold the poll on May 14, he needs to call the election by Sunday.
He can wait another few days if he calls the election for May 21, the last date on which a general election can be held.
Liberal party sources have suggested the Prime Minister could still call an election despite the uncertainty with some candidates.
