It was their German Shepherd cross Louis which gave them away. An Australian insurer chasing Darryl and Linda Millar tracked them down to Invercargill after publicity over their dog attacking a Jack Russell terrier.
The story began in 2010 when John Nestel obtained a New South Wales tribunal order against the Millars for damages following defective building work. His insurer paid out. The insurer was left to exercise Mr Nestel’s right to recover from the Millars.
Enforcing these rights of subrogation proved problematic; the Millars had disappeared. The insurer later learnt the Millars were in Vanuatu. The Australian court order was enforced in Vanuatu after being registered in the Vanuatu courts. About $A11,000 was recovered with deductions from Mr Millar’s wages before again the Millars disappeared. There was no forwarding address. Two years later, the Millars whereabouts surfaced with news of a 2018 appeal in the Invercargill High Court over a Dog Control Act order for destruction of their dog. To enforce the Australian court order in New Zealand, it first had to be registered in the New Zealand courts under the Trans-Tasman Proceedings Act. Court approval was required; the insurer was outside a six year time limit prescribed for registration. Associate judge Lester gave approval for late registration. The Millars knew of the insurer’s claim. Their manner of departure from Vanuatu indicated attempts to frustrate further recoveries by the insurer, he said.
In the High Court at Invercargill, Louis was ordered destroyed. It had attacked other dogs twice in a period of two weeks.
Nestel v. Millar – High Court (24.09.20); Millar v. Invercargill City – High Court (7.03.18)
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