Court rules on power

Press, Volume CX, Issue 32459, 20 November 1970, Page 2

Court rules on power

(N.Z. Press Association) PALMERSTON NORTH, Nov. 19. The Medical Practitioners’ Disciplinary Committee had the power to determine whether or not Dr Miles Wisland, the Palmerston >North Hospital surgical registrar, wilfully breached his medical bursary contract, the Chief Justice (Sir Richard Wild) ruled in a Supreme Court judgment Issued in Wellington today.

The judgment was on a declaratory order sought last month by Dr Wislang after the adjournment of a preliminary hearing before the Manawatu divisional disciplinary committee to settle certain legal points.

Dr Wislang asked the Supreme Court to determine the committee’s jurisdiction, and the meaning of the term wilful breach, in section 44 of the Medical Practitioners Act, under which he has been charged. The Chief Justice said the disciplinary committee was perfectly capable of solving the matter itself. He made no ruling on the term wilful breach.

Costs were awarded against Dr Wislang, who is

alleged to have committed a breach of his Government bursary contract last year by refusing to comply with a Health Department direction to a general practitioner’s post in Central Otago. Dr Wislang was represented by Mr R. S. Clark. Mr J. D. Rabone appeared for the Minister of Health, the first defendant and the Direc-tor-General of Health, the second defendant. The third defendants were members of the Central Medical Practitioners’ Disciplinary Committee. The fourth defendants were members of the Manawatu divisional disciplinary committee.

The hearing will resume at Palmerston North when a date suitable to all parties has been set