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8. Board’s Decision

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8.1 Pursuant to s.335(3)(a) of the Act and Clause 3.11.3 of the Board’s appeals Procedures, the Board has resolved to reverse the Registrar’s decision not to issue the Appellant with a Design 3 Licence.

8.2 Pursuant to Clause 3.11.6 of the Board’s Appeals Procedures, the Board directs the Registrar to issue a Design 3 Licence to the Appellant as soon as practicable.

8.3 The Board’s reasons are that the Appellant has demonstrated, to the Board’s satisfaction, that he meets all of the competency requirements of the Design 3 Licence.

8.4 The Board requests that the Registrar have regard for the matters referred to in paragraphs 7.3 to 7.5 of this decision, in respect of the assessment of applicants for Design Licences in the future.

8.5 The Board considered an award of costs on the principle that “costs follow the event”. On that basis, the Appellant could have been eligible for an award of costs, but as he did not seek costs from the Registrar, the Board has resolved that the Appellant and the Registrar meet their own costs.

8.6 The Board directs that there be no publication of the Appellant’s name, but the salient points of the Board’s decision may be published.

Last updated 11 May 2015