The Court granted the applicant leave to discontinue the proceeding without conditions, holding that the respondent's request for an indemnity costs order was premature (as costs could be sought under r 23.05(1) after discontinuance) and unsupported on the material under s 570(2) of the Fair Work Act. The Court refused to impose a condition preventing the applicant from re-agitating claims in future proceedings, reasoning that the mere possibility of re-litigation cannot itself justify such a condition without undermining r 23.04 of the GFL Rules, and that the respondent had not gained any litigation advantages that would be lost by discontinuance given the early stage of the proceeding.
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