Three years after selling their Central Otago trucking business for $12.3 million, Ross Millard and spouse Barbara are being sued by Palmerston North purchaser Booths Logistics alleging they failed to stop family setting up a rival business in breach of a restraint of trade agreed on sale.
The Millards claim they have done nothing wrong and that any complaints about Booths loss of local business is its own fault.
The High Court refused an injunction to immediately enforce the disputed restraint of trade.
Justice Harland said preliminary evidence indicated Booths Logistics Ltd has a valid complaint, but a further court hearing is needed to establish the full facts.
Booths alleges Mr Millard actively assisted daughter Ashley and son-in-law Rick Rodgers in setting up a rival trucking business after the 2022 sale to Booths. It claims he helped finance their company, MELX Linehaul Ltd, and at times helped out as a driver.
The Rodgers had previously worked for the Millard family trucking business, then known as Summerland Express Freight. They carried on working for Booths for a period after the sale.
They claim Booths Logistics at all times agreed to their MELX operations, with the two businesses often working in tandem to complete contract work.
In the High Court, Booths Logistics says a specific clause in the sale contract requires the Millards as vendors to ensure relatives do not set up in competition with Booths for a period of six years from date of sale.
Whether the Millards did breach their contract has yet to be decided.
Booths Logistics Ltd v. Millard – High Court (19.08.25)
25.181