A NIGHTCLUB has failed to convince the Court of Appeal that it suffered losses of more than $1 million after its mamasan went to work for a rival club.
Club Deluxe had claimed more than $1.7 million damages from Club Metropolitan for enticing mamasan Mona Chan Chun-yin, 38, to work for it, but yesterday was ordered to pay $165,224 to Ms Chan as a bonus to which she was entitled before leaving, as well as the legal costs of the three parties it was suing.
At trial last year, Club Deluxe had successfully argued that Ms Chan breached a two-year contract signed in December 1989 when she left the club but Mr Justice Barnett held it had not proved any loss and ordered only that Ms Chan pay $28,354 in lieu of notice.
On appeal, John Griffiths QC, for Club Deluxe, asked for more damages on the basis that the departure of a top mamasan caused loss and disruption to a club, and Ms Chan's value was shown by the fact she was paid $750,000 as a signing-on fee by Club Metropolitan.
But yesterday the court held that Ms Chan's signature on the contract with Club Deluxe had been forged, although it did not say by whom, and ordered repayment of the $28,354 to her, together with two bonuses to which she was entitled for 1990.
After reviewing the evidence before the judge, the court concluded that the signature of Ms Chan had been forged and therefore she had not breached her contract.
