KONG WAI TSANG, the personal representativeof the estate of CHEUNG KONG, deceased(a minor) v HOSPITAL AUTHORITY, the body corporatehaving management and control ofQUEEN MARY HOSPITAL

Read the full judgment text of on BabelCite. was delivered on 21 January 2005.

1. This was an application for leave to appeal to the Court of Final Appeal.  The judgment on the appeal to this court was given on 5 November 2004.  In that judgment this court dismissed the appeal from the judge who had himself dismissed the appeal from the master who had ordered that the statement of claim be struck out.  The facts and background to this case are contained in the judgment of this court and in the court below and it is unnecessary to repeat them here.  At the conclusion of the