Talking Point: Engineering and Construction - Asia (April 2011)

In Hong Kong, under Order 62 rule 3(2), "costs ... follow the event except when it appears to the Court...some other order should be made". The few exceptions to this principle followed an English case Re Elgindata Ltd. (No. 2) [1993] 1 A11 ER 232 ("Elgindata") and in Order 62 rule 7(2) of the Rules of the High Court ("RHC").

In April 2009 the Civil Justice Reform ("CJR") came into effect which included some changes to the RHC relating to costs. One of the underlying objectives of these rules was to promote a sense of cost effectiveness and procedural economy in the conduct of proceedings.

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