Nationals MP David Gillespie will not face a High Court challenge over his eligibility to sit in Parliament after a ruling in Canberra today.

Labor's Peter Alley had asked the court to consider whether the member for Lyne breached the constitution by accepting rent from a business with an Australia Post franchise.

The ABC has confirmed Dr Gillespie has since sold the premises that was leased to the business in question and maintained he would fight the case.

Mr Alley said Dr Gillespie's ownership was at odds with the constitution, which says MPs cannot have a direct or indirect pecuniary interest in an agreement with the Commonwealth.

Dr Gillespie said he was "delighted" by the court's ruling and lambasted Mr Alley's campaign against his eligibility as "despicable and wasteful".

"I will leave it up to Mr Alley to now to (sic) explain to the people of Lyne why he chose to play personal politics and challenge their judgement," he wrote in a statement.

"It has also been a wasteful, inappropriate and costly to the tax payer litigation, which has in addition also cost me financially and me and my family emotionally."

Peter Alley said David Gillespie should refer himself to the High Court. ( Supplied: Australian Labor Party )

Mr Alley had to convince the High Court it had jurisdiction to hear the case, when it was brought by an ordinary person like him, under what is known as the Common Informers Act.

At a hearing late last year, lawyers for Dr Gillespie and the Commonwealth argued such a case can only be heard by the High Court if it is referred by the Parliament.

Today the High Court agreed, in a unanimous decision, that until the matter is referred by the Parliament it does not have jurisdiction.

Attorney-General Christian Porter said the Government welcomed the High Court's ruling and said it would "consider the High Court's reasons very closely in assessing any indirect implications of today's decision".

Mr Alley responded to today's ruling saying there were "still questions" over the eligibility of Dr Gillespie because the court had not considered the substantive issues.

"David Gillespie can resolve these question by going into the Parliament and referring himself to the High Court," he wrote on Facebook.