Racehorse owner Mr Tom Doran was jubilant yesterday after a judge dismissed a claim by a Chinese restaurant that he and his guests ran up a bill for £2,841.50.
Mr Doran had refused to pay the bill at Pings restaurant in Stillorgan, Co Dublin, after he and a party of friends and relatives had gone there to celebrate a win by his racehorse, Doran's Pride, in the Hennessy Cognac Gold Cup in February. He had won £67,000 as a result of the unexpected victory at Leopardstown Racecourse that day.
The original bill had been £3,338, but the manager had reduced it by £500 after Mr Doran strongly disputed it, Dublin District Court was told. Mr Doran then refused to pay the remaining bill of £2,841.50, eventually offering to pay £1,800 in cash, which was rejected.
During a hearing yesterday, Judge Michael O'Leary first disallowed the wine bill for £1,032.50, as the then restaurant manager was not in court to give evidence about this part of the bill.
He then dismissed the case brought by Glenwood Tavern, trading as Pings, and allowed Mr Doran his costs.
Following the dismissal, Mr Doran voluntarily offered to pay £750 to the fund for the paralysed racing jockey, Mr Shane Broderick, and a further £750 to the John Durkan Leukaemia Memorial Trust.
Later, Mr Doran said: "We have been vindicated. I wanted to prove a point."
Mr Doran collected £58,000 in prize money and £9,000 from the bookmakers on February 8th.
To celebrate, he and his family and friends had drinks at the racetrack and then went to the Stillorgan Orchard pub, Mr Doran told the court.
His fiancee, Ms Sarah Kelly, then telephoned Pings restaurant and booked tables for 45 to 50 people.
She was told the party could stay for 11/2 hours if they got there before 7 p.m.
Mr Doran had eaten at Pings before and had discussed his racehorse with the manager.
He had taken a party of 22 people there on December 28th last after the Ericsson race meeting and paid a £504 bill without dispute.
In his evidence, the restaurant owner, Mr Spencer Wong, said that following an initial reservation for about 35 people, the party had gradually grown to 76. After the guests had sat down at two long tables, they ordered drinks before the meal. Mr Wong had given the menu to Mr Doran who had left it to him to order the food.
Mr Doran had ordered 35 bottles of Chablis Premier Cru at £29.95, said Mr Wong. "It is the same wine he drinks," he told the court.
The bill for wine came to £1,032.50, while other drinks totalled £181. The food for 76 people, including children, had been calculated at £18 per head for set dinners and had come to £1,368. A 10 per cent service charge brought the bill to £2,841.50. Mr Doran had refused to pay this amount, offering to pay only £1,200, said Mr Wong.
Mr John Boland, barrister, defending, said it had been the then manager, and not Mr Wong, who had taken the wine order.
He also said every bottle of wine on the bill had been white, although photographs showed both red and white wine on the tables.
About 22 bottles of wine had been consumed and not the 35 which appeared on the bill, said Mr Boland.
Judge O'Leary agreed to disallow this part of the bill.
Mr Wong accepted the till roll for the beers, spirits and soft drinks had not been kept and said beers were priced at £2.50 each.
When Mr Boland suggested it was a very large bill, Mr Wong replied: "For 76 people, it is not. We have had bills for £4,000 and £5,000."
Mr Doran, who is from Co Mayo and lives in London, told the court 52 people had been in his party at Pings and had been counted twice by a guest after the dispute arose.
He had told the manager to give the guests a selection of wines and had not ordered 35 bottles of Chablis Premier Cru at £29.95, the most expensive wine in the restaurant.
Although the restaurant had charged each person for set dinners, some had not been served with starters and no sweets, desserts or coffee were served, although this was part of the set dinner, he said.
"I got spare ribs, big bowls of fluffy white rice and spring rolls. I was not happy with the food being put in front of me and I went to see the manager and asked him how much he was charging me for this," he said.
Mr Doran was then shown what he thought was a bill for £338 and told the manager that he and his guests wanted to spend much more than this and wanted more food.
The manager (who was not named in court) then informed him that the bill was for £3,338 and Mr Doran protested and demanded an explanation.
The food laid on was "absolutely disgraceful" for the amount the restaurant was charging.
When the manager then agreed to take £500 off the bill, Mr Doran told him: "You'll have to take a few more £500s off that for what we are getting."
Mr David Chapman, a former detective from London and a guest, advised him that if he left without paying he could be committing a criminal offence, said Mr Doran. Mr Doran's party then called the gardai to the restaurant.
"I was so embarrassed about the whole situation and that it had come to this. I had used the restaurant over the years and I thought we would be looked after and have similar food to that given to me on other occasions," said Mr Doran.
He offered to pay £1,500 in cash and then increased this to £1,800, but the manager refused both amounts.