List with few elements sizing

I'm having an issue with displaying a list in an overlay when there are a few elements on it. The business owner prefers to have the list shrink as the content is less. Here is my example : First version is how I think the list should be. Version two is how the business owner wants it ( the list to "grow" as it has more elements in it.) I'm thinking that having the list grow as it has more elements in the list is breaking consistency and oppose it as the user can go through multiple lists of these types and some might have 10 elements , some might have only 2 elements and resizing the list forces the user to scan everytime having to look either at the bottom of the screen, the middle of the screen or top.

What do you think it's the right behaviour in this case ? V1 or V2 ?