A legal challenge over a protracted Liberal preselection battle in NSW has been dismissed, clearing the way for Prime Minister Scott Morrison to call the .
The decision means Mr Morrison’s intervention into the NSW Liberal branch has been upheld over the preselection of candidates Trent Zimmerman, Sussan Ley and Alex Hawke.
Mr Morrison told the ABC's 7.30 on Tuesday night the "principal reason" he intervened originally was to protect female candidates in parliament whose positions were being threatened by faction groups within the NSW branch, including Ms Ley, who is Environment Minister, and member for Reid, Fiona Martin.
"I'm asked all the time, 'why won't the Prime Minister do more about getting good women in parliament and stand up for the women in parliament?' I stood up for the women in my team."
The Supreme Court on Tuesday rejected a legal challenge launched by Sydney businessman and NSW party executive Matthew Camenzuli, who sought the "purported" preselection of the MPs be declared invalid.
Justice John Basten made the ruling in the NSW Court of Appeal just after 2pm on Tuesday afternoon.
"The dispute is not justiciable," Justice Basten said.
Three judges ruled that the dispute over preselection processes was not something the court had the power to intervene in.
The prime minister said he will always stand up for people in his party and particularly people in his government when factions try to "take them out".
"(I) was standing up to things happening in the party to make sure that quality people who have been doing a quality job in their seats should be able to go forward to the next election," he said.
Government frontbencher Jane Hume welcomed the court's decision ahead of the election, which has to be held before May 21.
"It's an excellent outcome, and we now get our candidates on the ground and get under way," she told reporters in Canberra on Tuesday.
If Mr Camenzuli succeeded, Mr Morrison faced the prospect of contests to the preselections of ministers Ms Ley, Mr Hawke and backbencher Mr Zimmerman.
The court case has also presented a hurdle to be resolved in order for the government to be able to call a federal election without doubt being cast over the preselections.
Mr Camenzuli's barrister Scott Robertson had argued in the NSW Court of Appeal that the panel did not have the power to preselect the candidates.
The party's constitution left that role to rank and file Liberal Party members, he said.
The trio were preselected by Mr Morrison, NSW Premier Dominic Perrottet and former federal party president Chris McDiven after they were appointed as a panel to finalise the last batch of NSW Liberal candidates ahead of the election.
Mr Camenzuli's barrister Scott Robertson had argued in the NSW Court of Appeal that the panel did not have the power to preselect the candidates.
The preselection battle had witnessed a series of court hearings to resolve the dispute.
The verdict could also be challenged in the High Court.
With AAP.
