High Court refuses to hear legal challenge against Scott Morrison captain’s picks

Prime Minister Scott Morrison has had a major win in court that ends a months-long dispute holding up the election.

The High Court has cleared the path for the Prime Minister to call a federal election, refusing a legal challenge over a dozen of Scott Morrison’s “captain pick” preselections in his home state of NSW.

It closes a long-running political headache for Mr Morrison following months of bitter internal factional brawling.

Chief Justice Susan Kiefel, along with Justice Stephen Gageler, refused former Liberal Party member Matthew Camenzuli’s application for special leave to appeal to the High Court at an expedited hearing on Friday afternoon.

Prime Minister Scott Morrison is now clear to call the election. Picture: Alison Wynd

The case was dismissed in the NSW Court of Appeal earlier this week – with the High Court Mr Camenzuli’s final option.

Handing down her decision, Chief Justice Kiefel said there were “insufficient prospects of success” for the appeal after adjourning the court for just several minutes during the hearing.

“In our view, there are insufficient prospects of success on an appeal … to warrant special leave,” she said.

In a second major blow to Mr Camenzuli, she said he would have to pay Mr Morrison’s and other Liberal Party members’ legal costs.

“We have considered the written submissions concerning costs and see no reason why the applicant should not pay the several costs of the respondents he brought to court,” she said. The 43-year-old businessman was expelled from the party on Wednesday because of the dispute.

NSW Liberal Party President Philip Ruddock issued a statement late on Friday welcoming the development.

“I welcome this decision; it allows us to continue to focus on the re-election of the Morrison government,” he said.

The NSW Court of Appeal on Tuesday found it did not have authority to rule on internal party politics, but even if it did, Mr Morrison’s choices were still valid.

Mr Camenzuli’s lawyer, Scott Robertson, had submitted that this was an “unduly narrow approach” on the jurisdiction of the court.

Earlier on Friday, with the High Court decision hanging over him, Mr Morrison said he planned to call the election “soon”.

“Oh, it won’t be very long from now. You know, it’s coming up to three years in the middle of May since the last election,” he said.

“And I’ve always said that, you know, that’s the time for the election.

“Others have speculated. I’ve always been pretty clear in my mind and upfront with the Australian people about it. So that’s coming up soon.”

NSW Premier Dominic Perrottet, who was part of a committee with Mr Morrison that installed the candidates and one of several respondents in the case, called the preselection mess a “debacle”.

NSW Premier Dominic Perrottet said it had been a debacle. Picture: NCA NewsWire / Jeremy Piper

“I played a role (in selecting the candidates), I was asked, and I'm happy to assist after the debacle of the NSW division in not selecting candidates,” he said.

“And it’s great to see now that we have candidates in seats because if you want to vote Liberal in the next election, you actually need someone to vote for.

“So that was a good start for the division to actually now get candidates in those seats.

“But ultimately the election is happening imminently, will be called imminently, and the Prime Minister needs candidates in the field, and I wish him all the best.”

Mr Camenzuli had argued the party’s federal arm had no right to take control of the NSW wing to preselect candidates, including sitting members Alex Hawke, Trent Zimmerman, and Sussan Ley.

The Prime Minister has argued he had the right to override the NSW division. Picture: Dane Millerd

His lawyers argued the party’s rank and file had the right to choose the candidates to represent them at the next election.

But the Prime Minister’s lawyers submitted the party’s emergency powers were broad and the preselections were legitimate.

Mr Hawke has been blamed from many within the Liberal Party for the issues after failing to attend meetings to vet candidates – which some believe was a tactic to justify the federal intervention.