Neil Henry Smith, of Glen Waverley, received 433 first-preference votes (0.54 per cent of the electorate) when he ran for the seat of Bruce.

In a move described last week by Mr Smith as "back-to-front racism'', Bayswater North company Red Cap Distributors refused to hand out about 50,000 election leaflets.

Last month, Mr Smith lodged a complaint to the Victorian Equal Opportunity and Human Rights Commission claiming that Red Cap Distributors' action was "discrimination on the basis of my political belief or activity''.

Although he hand-delivered some of the leaflets, about 44,000 were undelivered.

"I believe this ruined my chances of being elected to the House of Representatives for the division of Bruce.''

He tallied his losses at more than $380,000, including the loss of future earnings on an MP's base salary of $127,000 a year.

Last week, Mr Smith said he brought up the complaint "to see where I stand'' as he considered whether to contest the next federal election.

"If I stand in 2010, I want to know whether I can get distribution from Red Cap Distributors.

"It's to find out who is in the right and who is in the wrong.''

A spokeswoman for marketing company Salmat, which owns Red Cap Distributors, said the matter had been "handled'' when Mr Smith lodged an unsuccessful complaint to the commission in January.

She said Salmat had yet to be notified of last month's complaint.

Asked if Salmat was confident that Red Cap Distributors had acted legally, she said "absolutely''.