Doctor bankrupt over legal costs

A self-proclaimed prominent medical academic has been made bankrupt after trying to take legal action over the Whakaari/White Island disaster.

Dr Miles Roger Wislang was made bankrupt after a hearing in the High Court at Dunedin last month. The application was brought by White Island Tours Ltd over unpaid legal costs of $62,240.50.

The costs arose after Wislang applied for a judicial review application regarding the Whaakari eruption of December 9, 2019, which claimed 21 lives.

He argued no visits to the island should have been permitted while the mountain was at alert level two.

In 2020, Wislang took judicial review proceedings against White Island Tours, which was later abandoned, and also against the attorney-general and WorkSafe New Zealand, which was unsuccessful.

All three parties were awarded costs. Wislang failed to pay White Island Tours, and it served a bankruptcy notice on him in February.

Wislang told the court last month that he found the fees charged by the company’s lawyers to be staggering.

Wislang provided an affidavit of assets and liabilities, claiming he owned personal property of very limited value, and had no vehicle, shares, bonds, interests in trusts or real estate.

He said he currently relied on superannuation as he was unable to work because of the Covid-19 pandemic.

He hoped his ‘‘well-resourced’’ sons may help him make periodic payments at a reasonable rate to the company and other creditors.

He emailed White Island Tours’ lawyers with his proposal, but they did not accept, noting he did not say how many payments he would make, when they would start, or how often they would happen.

Wislang later confirmed he had spoken to one of his sons, who said he would not provide him with financial assistance at this time.

He argued making an order adjudicating him bankrupt would be pointless.

He told the court he had taught medicine in several universities overseas, and intended to return to Israel to work.

Associate Judge Owen Paulsen noted it was difficult to reconcile Wislang holding senior positions with his disclosed financial circumstances.

Wislang’s financial circumstances were at odds with him pursuing High Court litigation against three parties, given the obvious financial risks to everyone involved.

Making an adjudication order allowed an investigation into Wislang’s financial circumstances and could reveal undisclosed assets here or overseas.

The judge noted Wislang had taken legal action that not only lacked merit, but also did not concern him personally, and he did not have the means to pay any costs awarded against him.

Wislang argued an adjudication order would cause him embarrassment because he had held prominent academic positions.

No evidence of his academic reputation in New Zealand or overseas was supplied.

A search of the Medical Council of New Zealand shows Wislang, who graduated from the University of Otago, has not held a practising certificate since March 31, 1994.