Taxi drivers have lost a Supreme Court fight against the West Australian government for not prosecuting Uber over alleged breaches of taxi laws.

Peter John Martin, Zoran Jankulovski and Satinder Singh Samra represented a group of taxi drivers who claimed the regulatory response to the introduction of UberX was inadequate and prosecutions should have begun against those behind Uber, and not just a small group of UberX drivers.

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But in his judgment on Tuesday, Justice Paul Tottle said the issue was not one the court could resolve.

“The issue raised must be resolved by debate in the political arena and not in the courts,” he said.

In April, South Australia joined the ACT and NSW in legalising the ride-booking service.

The Victorian government is considering whether or not to legalise the ride-sharing service but said it would not be rushed.