Mr Teper is and always has been against the conflation argument. Mr Mustard had attempted Section 36 arguments re a Kingston case with Mr Houghton. The case(s) were won on signage; but, another adjudicator would have found differently. As we all know.
I note I am a Jr. Member with 2 stars. Good Heavens! 
Congratulations!
If somebody would acknowledge that I am a Senior Citizen and increase the number of stars (10) as per those which I have earned on the other forum, I will entertain them at their next BBQ party free of charge.
More seriously, there is a difference between incompetence and wholly unreasonable conduct. In my view, the NOR meets the latter criterion. But, see what Mike says.