Pings, a Chinese restaurant in Stillorgan, Co Dublin, has been given leave by the Circuit Civil Court to reconstitute its claim for an unpaid £2,800 food and drinks bill against millionaire racehorse owner Mr Tom Doran.
Ms Siobhan Phelan, counsel for Glenwood Tavern, trading as Pings, told Judge Elizabeth Dunne yesterday the claim against Mr Doran had been dismissed in the District Court and her client was appealing that ruling.
She said the civil process in the lower court did not assist in the administration of justice, in that it did not reflect the dispute on the facts, which only became apparent at the hearing, as to the number of guests and the fare provided.
Although Mr Doran admitted food and wine had been served to about 50 people, Judge Michael O'Leary had dismissed the restaurant's claim and awarded costs against it, she said.
Ms Phelan said it did not seem fair or just that Mr Doran should not pay for food and services he admitted receiving.
Opposing the application, Mr John Boland, counsel for Mr Doran, said that to amend the pleadings on appeal was tantamount to instituting a new cause of action against his client, who had won in the District Court. "The race loser is now saying all right you've won, but we insist on a rerun and instead of it being over fences it will be over hurdles on a different circuit."
Judge Dunne said the Circuit Court had jurisdiction to allow widespread amendments and she felt it would be wrong to allow the matter to go on without making sure everything relevant could be taken into consideration.
Allowing Pings leave to amend its claim to that of one for an unliquidated debt and damages for breach of contract, the judge said parties were entitled to adduce different and additional evidence.