Ellery rivals forced to reveal all
Myer dragged David Jones into proceedings a few weeks ago by requesting copies of its supply agreements with 22 designers, including Akira, Collette Dinnigan and Zimmerman.
But at a hearing in the Victorian Supreme Court on Friday before Justice Michael Sifris, barrister for Myer, Peter Murdoch QC, said the documents received from David Jones were excessively redacted and it was impossible to see any relevant information.
Myer was also now seeking access to any legal advice Ms Ellery received before her decision to defect from Myer to David Jones mid-way through an exclusivity agreement.
It also wants copies of her new supply agreement and any files notes or internal correspondence written by David Jones staff about Ms Ellery.
Meanwhile, barrister for the label Ellery and Ms Ellery - and also representing David Jones on the matter of subpoenas - Charles Shaw, said his clients need access to internal Myer correspondence about how Ms Ellery might be treated if she were forced to return to Myer, and evidence of how valuable Ellery was to Myer's business.
Both parties have objected to disclosing certain documents and asked Justice Sifris to decide which must be produced. He reserved his decision until Tuesday.
Myer launched legal action against Ms Ellery and her label in January seeking an injunction preventing her from supplying David Jones and forcing her to fulfil a delivery to Myer.
However, it dropped that injunction shortly before David Jones' 2013 fashion launch, which featured her label, and was now pursuing her for damages and breach of contract.
A trial was due to start on April 15, although both parties have pushed for an earlier date.
Justice Sifris said there was no space in the Supreme Court's workload for an earlier trial.
Frequently Asked Questions about this Article…
The dispute began when Myer launched legal action in January seeking an injunction to stop designer Kym Ellery from supplying David Jones and to force her to fulfil a delivery to Myer. Myer later dropped that injunction before David Jones' 2013 fashion launch featuring Ellery's label and is now pursuing Ellery for damages and breach of contract.
Myer has asked David Jones to produce copies of its supply agreements with 22 designers (including Akira, Collette Dinnigan and Zimmerman) as part of trial preparation, arguing those agreements could be relevant to the case. Myer says the documents it received from David Jones were excessively redacted and lacked usable information.
The parties are seeking a range of confidential materials: Myer wants legal advice Kym Ellery received before defecting, Ellery's new supply agreement with David Jones, and any David Jones file notes or internal correspondence about Ellery. Ellery and David Jones want internal Myer correspondence showing how Ellery might be treated if forced to return and evidence of Ellery's value to Myer's business.
Both retailers have objected to disclosing certain documents and have asked the Victorian Supreme Court to decide which must be produced. The exchanges and subpoenas are part of each side's effort to gather evidence for the upcoming trial between Myer and Kym Ellery.
The matter was before Justice Michael Sifris in the Victorian Supreme Court. Both parties objected to disclosure of certain documents and Justice Sifris reserved his decision on which documents must be produced until Tuesday.
A trial was due to start on April 15. Both parties have sought an earlier date, but Justice Sifris said there was no space in the Supreme Court's workload for an earlier trial.
Myer requested copies of David Jones' supply agreements with 22 designers; the article specifically names Akira, Collette Dinnigan and Zimmerman among those agreements.
According to the article, investors should monitor the court's rulings on disclosure and any findings of breach or damages, since the case involves contract enforcement, supplier relationships and internal assessments of how valuable a designer was to a retailer—factors that can affect retailer operations and reputations.
Call 1300 880 160
Start a chat
Schedule a call
