A gay rights activist’s case against a former Katter Party candidate’s homophobic comments was rejected from the High Court on appeal today.

Garry Burns was found in 2016 to have no standing to pursue the case in the New South Wales Supreme Court, because the person he sought to sue was not a New South Wales resident, according to Yahoo News.

Tess Corbett, the candidate for Wannon, publicly said in 2013 that she did not want “gays, lesbians or paedophiles working in my kindergarten”.

“Paedophiles will be next in line to be be recognised in the same way as gays and lesbians, and get rights,” she said.

Her comments were later endorsed by Queensland Senate candidate Bernard Gaynor, who was then suspended from the party.

The New South Wales Civil and Administrative Tribunal found Corbett’s comments constituted homophobic vilification, and ordered her to apologise in writing to Burns and in The Sydney Morning Herald.

She did not seek to publish an apology, and Burns unsuccessfully sought a contempt charge against her.

Burns said he was “disappointed, distraught and gutted” at the court’s latest decision against him.

“All my hard work has come to nothing,” he said.

The High Court was today unanimous in its dismissal of Burns’ appeal, finding that the New South Wales Civil and Administrative Tribunal did not have the jurisdiction to hear the complaints against Corbett or Gaynor.

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