ENVIRONMENT Minister Sussan Ley remains a valid Liberal Party candidate for Farrer in the coming federal action after legal action challenging her selection was dismissed on Tuesday.
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"The dispute is not justiciable," Justice Basten said.
"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."
Mr Camenzuli's barrister had argued there was a role for the court under the Commonwealth Electoral Act under amendments in 1983 and 1987 which provided for the registration of political parties and conferred functions on registered officers of those parties.
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Justice Basten found the registered officer did not have a role in internal processes of preselection and "merely conveyed" candidate decisions of the party to the Australian Electoral Commission.
"The nomination and endorsement provisions do not confer statutory rights upon candidates at the anterior stage of preselection," he said.
Justice Basten also found the federal constitution of the party allowed a "broad power of intervention on the federal executive (to) bypass the divisional constitution".
He said in that context the committee that involved Prime Minsiter Scott Morrison and NSW Premier Dominic Perrottet and decided to approve Ms Ley's endorsement was "valid in any event".
Mr Camenzuli had taken action after being concerned that the NSW division's rules allowing members to vote in preselections were being gazumped by federal intervention.
The legal challenge came against a background of factional warring in the Liberal Party and concern that Prime Minister Scott Morrison was disenfranchising rank and file members from voting in preselections across NSW.
In Farrer, Christian Ellis, who moved from Sydney to the Deniliquin district, had been looking to challenge Ms Ley before a panel of Mr Morrison, NSW Premier Dominic Perrottet and former Liberal administrator Chris McDiven endorsed her candidacy.
Ms Ley's election manager Angus Macneil said "justice has prevailed" with the court outcome.
"I blame the right wing people for causing the delay in preselections and causing confusion.
"I think it's best for the Liberal Party because the prospective candidate from the right wing had no hope of winning and I think it's best Sussan remains the candidate and ultimately the member for Farrer."
Asked about Liberal Party members losing the opportunity to vote in a preselection, Mr Macneil said "I can understand their disappointment".
However, he said he had voted against a plebiscite at the Liberal Party's state council, initiated by former prime minister Tony Abbott, to give a say to members in preselections.
Mr Macneil said he believed a panel of delegates could be more dedicated in determining the political talents of a candidate rather than just looking at someone's popularity.
Ms Ley declined to comment to The Border Mail on the outcome of the court action.
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