• Tue
  • Jul 22, 2014
  • Updated: 7:43pm
NewsHong Kong
COURTS

Executive, restaurant settle case over HK$6 extra charge on lunch tab

Tutors agree to pay restaurant the correct amount of HK$430 after tussle over bill

PUBLISHED : Tuesday, 10 December, 2013, 7:17pm
UPDATED : Wednesday, 11 December, 2013, 4:47am

A dispute between an Oxford-educated English tutor and a Tsim Sha Tsui restaurant over HK$6 was settled yesterday after an adjudicator found there was no case to argue.

James ffitzRoy and his colleague Janice Leung's representative, Louis Hop Lee, signed the settlement agreement with Chao Yang Restaurant director Robert Tsai at the Small Claims Tribunal. According to the agreement, ffitzRoy and Leung will pay the court HK$430 by December 16 to settle their bill for the lunch they had at the restaurant in iSquare on October 22.

The case came about after ffitzRoy and Leung refused to foot the bill, complaining the restaurant had overcharged them HK$4 for a dish of braised string beans and HK$2 for a bowl of rice. They left service staff with a name card.

The restaurant contacted International Tutors, where ffitzRoy works as a director, to claim payment. After both sides failed to find a way to settle the bill, it filed a case with the tribunal.

Later, ffitzRoy filed a civil action with the District Court, accusing the restaurant of violating the Trade Descriptions Ordinance. He claimed for compensation, saying he and his staff suffered distress over the incident.

Yesterday, before the defendants went to court, they told the restaurant they would foot the bill on the condition that it would not pursue further claims. But Tsai, representing the restaurant, refused, saying it would agree only to issue a correct bill.

In court, Lee said the defendants had spent HK$630 filing their civil action with the District Court. If the restaurant agreed to waive their bill, he said, ffitzRoy and Leung would call off the civil action. But Tsai turned down the offer once more.

After hearing the argument, adjudicator Cheng Lim-chi said: "I do not know why this case has to go for a trial when one side is willing to pay and the other side is willing to accept the HK$430.

"The restaurant was wrong in mistaking the bill, but the defendant was also wrong in not making the payment."

Cheng found that there was no case to argue, ordered both sides to settle their dispute, and did not require the defendants to pay for the costs.

Outside court after the settlement, Tsai described the defendants as "troublemakers". But ffitzRoy said: "All we wanted was an accurate bill."

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This article is now closed to comments

mercedes2233
"the defendants had spent HK$630 filing their civil action with the District Court. If the restaurant agreed to waive their bill... they would call off the civil action". Why should the restaurant cancel the bill so that the plaintiffs can pay their legal bill? The Oxford-educated man doesn't sound all that clever. The judge should charge the plaintiff for waste of court time and required pay all court costs. And the pair should in future eat at home since if their faces were known, restaurant staff might be tempted to doctor their food.
anson
You eat,
You pay,
You don't like,
You stay away.
That's the Hong Kong way.
req
You should see the number of turds who want to sit in the first class section of the east rail and not pay extra. Suddenly theres a big rush to get to the next carriage to validate their octopus when the inspectors arrive.
daily
I like how SCMP emphasized this idiotic tutor is "Oxford-educated".........this should serve as a reminder to all those HK parents out there wanting to send your children to the UK to these elite schools.............This is what happens. The schools produces idiots and I really have to emphasize "Oxford-educated IDIOTS" that would waste so much time and resources over a few HK dollars............the tutorial school should really get rid of this IDIOT and send him back to the UK where he can count his sterling pounds as much as he likes.
Can't even believe that people of such low-calibre even dare claim themselves to be "educated tutors".............What a Joke!!!!!!!!!!!!!!!!!!!!!!!111
vinil4470@gmail.com
........and I wasted 5 mins reading this bs!
johnfra
It just shows, education does not guarantee wisdom or commonsense.
Living in Hong Kong, learn the Chinese way. "Avoid the yamen" and "Make Big Problems into Little Problems; Make Little Problems into No Problems."
Now there's an education that you can't get in Oxford !
req
loser. guess he looks suspiciously at beggars...
bobbytsai409
An oxford graduate must understand he has to pay (minus $6) after eating in restaurant. He can make complaint to whatever channel he think it might fit afterward. An accurate bill is more than what he wants, he also want $1000 and a free lunch.
Kubrick
FtitzRoy is a silly man, and the whole of Hong Kong now knows it. Enjoy the publicity.
jimmybabe
This is the result of Oxford education?

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