A self-described “battler” from Sydney has had the cost of his Domino’s Pizza order refunded after 18 months and a successful court battle.

Tim Driscoll, a lawyer from Corrimal, placed an order to be delivered by the chain for his Anzac Day celebrations with friends in April 2015.

When the order was not delivered, the manager of the branch apologised to Driscoll and promised him a refund.

Despite frequent reminders from Drioscoll he did not receive the refund and repeated attempts to contact the Domino’s Pizza board were also unsuccessful even though he was a shareholder in the company.

The 2015 pizza order – three pizzas, two garlic breads and two 1.25L Cokes – had cost $37.35, including a public holiday surcharge.

On the 12-month anniversary of the failed Domino’s order he decided he had “better go and initiate proceedings”, as he told 3AW Radio on Thursday.

Driscoll – who specialises in personal injury and workers’ compensation claims – sued Domino’s for breach of contract.

The matter was heard in court on Wednesday, reported the Daily Telegraph.

When Domino’s Pizza did not acknowledge or participate in the proceedings, Driscoll was awarded the case by default, with the chain ordered to pay $1,203.27 to cover his legal fees as well as the $37.35 order.

Driscroll told 3AW that he had not yet received the payment from Domino’s Pizza.

“They’ve not responded at all, even though I’ve sent the order to them a couple of times.”

He rejected the company’s assertion that it was not aware of the proceedings. “I mean, I’ve kept them apprised at every step.”

In a statement to Guardian Australia, a spokesman said Domino’s was “disappointed and embarrassed to hear that we have let down a pizza-loving customer [Driscoll]”.

He said that Driscoll had been provided with free pizza vouchers at the time of the 2015 incident “but we clearly could have and should have done more”.

He said that Domino’s had “let [Driscoll] down” and was “working to make it up to him”.

Domino’s had been in touch with Driscoll on Thursday morning and was “working to make it up to him ... and to ensure he is not out of pocket for any expenses incurred”.

That included making the court-ordered payment, the spokesman said, adding that a complimentary lunch order had been sent to Driscoll’s workplace in Sydney.

Driscoll told 3AW that he had pursued the matter on principle.



“I don’t like to be taken lightly, I suppose, in any of these kinds of matters. ... It was a bit embarrassing having my friends there and no food to give them, so it was a bit of a personal insult,” Driscoll said. “I just kept fighting. I’ve always been a battler.”

He remains a shareholder in the company “at the moment”, he told 3AW.