NSW appeal court rules in favour of Morrison’s captain’s picks in Liberal preselection stoush

A legal challenge to overturn the preselection of multiple Liberal candidates in key NSW seats has failed, meaning Scott Morrison’s ‘captain’s picks’ will stand at the upcoming election.

A major legal win for Scott Morrison on the eve of the federal election has guaranteed his “captain’s pick” candidates in key NSW seats, as the Coalition now seeks to urgently make up lost ground.

The NSW Court of Appeal on Tuesday found it was beyond its power to rule on the validity of the endorsement three senior Liberal MPs by a star panel of selectors that included the Prime Minister.

The decision is also expected to end a broader legal case challenging the validity of nine candidates also selected by the panel, including in Hughes, Warringah, Eden-Monaro and Paramatta, which are deemed winnable for the Coalition.

NSW state executive member Matt Camenzuli’s unsuccessful challenge of the preselections has effectively saved Mr Morrison from any electorally damaging backflips and paves the way for him to call the poll any day now.

Mr Camenzuli had argued the endorsement of Liberal MPs Sussan Ley, Alex Hawke and Trent Zimmerman without a ballot of rank and file members was invalid.

Immigration, Citizenship, Migrant Services and Multicultural Affairs Minister Alex Hawke will recontest his seat at the election. Picture: Martin Ollman

He also sought an injunction to strike out the Liberal Party’s candidates in Hughes, Warringah, Parramatta, Fowler, Grayndler, Greenway McMahon and Newcastle.

On Tuesday, Justice John Basten found questions over the endorsement of Ms Ley, Mr Hawke and Mr Zimmerman was beyond the court’s power to rule on.

Environment Minister Sussan Ley will also be able to run after the court ruled her preselection was valid. Picture: Gary Ramage

“The court has concluded that the Electoral Act provisions relating to the nomination and endorsement of candidates do not create justiciable rights or interests arising from internal party processes of preselection,” he ruled.

Mr Camenzul’s Court of Appeal challenge revolved around Liberal federal executive’s decision on March 4 to temporarily dissolve the NSW division’s state executive, installing a committee comprising Mr Morrison, NSW Premier Dominic Perrottet and former federal Liberal president Christine McDiven.

The 12 “captain’s picks” endorsed by this panel have drawn strong criticism within the NSW Liberal party, and left Mr Morrison’s interstate colleagues shocked at the potential for the internal dispute to derail the Coalition’s election chance.

Mr Camenzuli’s barrister Scott Robertson had 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.

NSW Liberal state executive member Matthew Camenzuli.

Candidate Trent Zimmerman.

It was feared the NSW court decision could create a hurdle for Mr Morrison, if it had ruled in favour of Mr Camenzuli that the endorsement of the three sitting federal MPs was not valid.

Mr Camenzuli had also lodged additional documents with the court on Monday night extending his case to include the nine candidates chosen for seats over the weekend without a vote by branch members.

The documents requested senior Liberal members — ­including NSW president Philip Ruddock and federal director ­Andrew Hirst — be “restrained” by the court from requesting the names of the nine candidates be printed on the ballot papers for the upcoming federal election.