Myer, DJs play hardball in fight over designer
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 midway 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, the barrister for Ellery Land and Kimberley Ellery - and also representing David Jones on the matter of subpoenas - Charles E. 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 Land 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 Ellery Land, and was now pursuing her for damages and breach of contract.
A trial was due to start on April 15. Justice Sifris said there was no space in the Supreme Court's schedule for an earlier trial.
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Myer launched legal action in January seeking an injunction to stop Kimberley Ellery from supplying David Jones and to force a delivery to Myer, alleging a breach of an exclusivity agreement. Myer later dropped the injunction and is now pursuing Ellery for damages and breach of contract.
Both retailers have been ordered to produce documents as part of pre-trial discovery. That has included sensitive supply agreements, internal memos and correspondence needed by each side to prepare for the Myer v Ellery trial.
Myer requested David Jones' supply agreements with 22 designers (including Akira, Collette Dinnigan and Zimmerman), any legal advice Kimberley Ellery received before switching retailers, her new supply agreement with David Jones, and internal file notes or correspondence about Ellery.
Myer's barrister told the Victorian Supreme Court the documents supplied by David Jones were excessively redacted, making it impossible to see the relevant information Myer needs for its case.
David Jones (and Ellery Land/Kimberley Ellery) are seeking access to internal Myer correspondence about how Ellery might be treated if forced to return to Myer, and evidence showing how valuable Ellery Land was to Myer's business.
Both parties objected to disclosing certain documents and asked Justice Michael Sifris to decide which must be produced; he reserved his decision until the following Tuesday. A trial was scheduled to start on April 15.
Myer initially sought an injunction to prevent Ellery from supplying David Jones and to compel delivery to Myer. It dropped that injunction shortly before David Jones' 2013 fashion launch, which featured Ellery Land, and is now pursuing damages instead.
Investors should monitor court rulings on document disclosure, the scheduled trial date (April 15), and any outcomes related to damages or breach of contract. These developments can affect company costs, legal exposure and reputational matters mentioned in the dispute.
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