The High Court has dismissed an appeal by a gay rights activist seeking to sue a former Katter party candidate over homophobic comments.
In 2016, Garry Burns was found to have no standing to pursue the matter in NSW Supreme Court because the alleged perpetrator was not a NSW resident.
The candidate for Wannon, Tess Corbett, told Victorian newspaper, the Hamilton Spectator, in 2013 she did not want "gays, lesbians or pedophiles working in my kindergarten" and associated homosexuals with pedophiles.
"Pedophiles will be next in line to be recognised in the same way as gays and lesbians, and get rights," Ms Corbett was quoted as saying.
Queensland Senate candidate Bernard Gaynor later endorsed Ms Corbett's statements and was suspended from the Katter's Australian Party.
In January 2016 the NSW Civil and Administrative Tribunal (NCAT) found Ms Corbett's comments had vilified homosexuals and ordered her to publish an apology in The Sydney Morning Herald, as well as send a letter of apology to Mr Burns.
However, she did not seek the publication of the apology and Mr Burns unsuccessfully sought a contempt charge against her.
Mr Burns' complaint against Mr Gaynor was referred to and dismissed by NCAT.
On appeal, the Supreme Court of NSW said in February 2017 that the tribunal did not have the jurisdiction to deal with either Ms Corbett or Mr Gaynor.
Mr Burns then took the case to the High Court, which on Wednesday unanimously dismissed his appeals.
The court found chapter three of the constitution would be "undermined" if NCAT was found to have the jurisdiction to hear and determine the complaints against Ms Corbett or Mr Gaynor.
