I am not sure about the sequence of events, but maybe Judge O'Reilly was not happy about Alani's attempt to move forward a case that is moot: "Regardless of the change in government and approach, he had argued that it’s still important for the court to clarify whether the prime minister has absolute discretion to fill Senate vacancies when – or if – he chooses."

With court resources being limited, it is not productive to argue a case for a principle that has no current practical application.