The New Zealand Court of Appeal agreed with Brennan J's decision in Mengel not to follow Tampion
, (241) and Lord Hobhouse said in Three Rivers that misfeasance in public office 'does not, and does not need to, apply where the defendant has invaded a legally protected right of the plaintiff.' (242) As a purely descriptive matter, Lord Hobhouse was surely correct, and it appears that all but one of the other judgments came to the same view.
In contrast, 29th-placed Kaleka, 21st-placed McArthur and 39th-placed Tampion
will all be desperately hoping to claim enough of the [ETH]this event to secure their spots in the top 20 of the rankings.
A round of 75 saw overnight leader Andrew Tampion
of Australia drop back to third on two under par, one stroke ahead of Frenchman Alexandre Kaleka and Scotland's Peter Whiteford, who enjoyed contrasting fortunes with rounds of 73 and 69.
(Aus) 78 73, Oliver Wilson 77 74, Soren Kjeldsen (Den) 81 70, Geoff Ogilvy (Aus) 77 74, Charles Howell III (USA) 76 75, Vijay Singh (Fij) 80 71, Mark O'Meara (USA) 74 77, Mark Calcavecchia (USA) 76 75, Ryuji Imada ( Jpn) 77 74, Brandt Snedeker (USA) 72 79
The French former Ryder Cup player, forever to be remembered for his last-hole triplebogey seven at Carnoustie in 1999 when he put his ball in the water and waded in to attempt to play a shot, is in a three-ball with Webster and Australia's Andrew Tampion
, with the trio teeing off at 11.41am on Thursday, then being the first men out at 6.30am on Friday.
While 16-year-old Japanese wonder boy Ryo Ishikawa finished 41st out of 55 in the 36-hole event at The Lakes, veteran Fowler won a place at Royal Birkdale along with Andrew Tampion
, Brad Lamb and Ewan Porter.
212 - Heath Reed 73-71-68; Andrew Tampion
70-74-68; DamienMcGrane (Ire) 72-71-69; Shane Baxter 72-70-70; Adam Crawford 72-69-71.
European Tour rookie Andrew Tampion
yesterday moved to the top of the leaderboard in the Enjoy Jakarta Astro Indonesia Open.
EUROPEAN Tour rookie Andrew Tampion
is "having a ball" on the circuit, having yesterday moved to the top of the leaderboard in the Enjoy Jakarta Astro Indonesia Open.
Kirkcaldy's Peter Whiteford, 29, beat Aussie Andrew Tampion
at the first play-off hole to win the Apulia San Domenico Grand Final in Italy.
And, after moving to within four shots of halfway leader Andrew Tampion
, the decision looks to have been a wise one.
(Aus), Michael Letzig (USA), Anders Hansen (Den), Lucas Glover (USA), Ben Curtis (USA), Rohan Blizard (Aus), Jon Bevan, Paul Casey, Jamie Elson, Ariel Canete (Arg), Richard Sterne (Rsa)