I don't think its fair to say the lower court got it wrong, the written and case law here is, sparse. TBH either way it was going to get appealed so the judges

I don't think its fair to say the lower court got it wrong, the written and case law here is, sparse. TBH either way it was going to get appealed so the judges decision is moot. I certainly wouldn't be wanting to make the decision, and I'm sure he thought it was above his pay grade also.