Hindsight is a marvelous thing often giving one a new vision of the ers of one paths path.
It seems the the principle body of the Justices decision was based on the fact that there was a perception of possible confusion on the part of Green proxy supporters in the actual proxy application and substance.
The possbilty that this was in fact not a concern rather the option most palitable and made available to shareholders was the driving factor in the support of the Greens presentation..
Perhaps if sworn affidavits from each of the green supporters had been presented before the Justice stating that removal of the percieved problem board allowing new directors an oppoutunity to try and salvage this train wreck, he would have had to pass judgement without that encumberance.