The applicant sought to withdraw certain issues from a scheduled hearing without prejudice.
The respondent argued that the issues not identified for withdrawal remained in dispute, including attendant care benefits, and both parties sought costs.
The Licence Appeal Tribunal held that the applicant could withdraw issues without prejudice, as imposing a 'with prejudice' withdrawal would create access to justice barriers.
The Tribunal also found that attendant care benefits were not in dispute, having been decided in a previous preliminary issue decision.
Finally, the Tribunal declined to award costs to either party, finding no evidence of unreasonable, frivolous, vexatious, or bad faith conduct.
