The battle between department store giants Myer and David Jones has escalated.
According to a report in The Sydney Morning Herald this weekend, the two retail giants are forcing each other to release confidential information in the lead-up to the trial between Myer and designer Kym Ellery.
The Sydney Morning Herald understands this material may include highly sensitive supply agreements and internal memos.
As recently reported in ragtrader.com.au, the move follows a recent dust-up between Myer and designer Ellery, after she controversially defected to David Jones.
Following the fallout, Myer reportedly requested copies of David Jones' supply agreements with 22 designers, including Akira, Collette Dinnigan and Zimmerman.
However, a hearing in the Victorian Supreme Court last 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.
In response, Myer is now also seeking access to any legal advice Ellery received before her decision to defect from Myer to David Jones mid-way through an exclusivity agreement.
The company has also requested copies of her new supply agreement and any files notes or internal correspondence written by David Jones staff about Ellery.
Meanwhile, barrister for the label Ellery and its founder – and also representing David Jones on the matter of subpoenas – Charles Shaw, said his clients need access to internal Myer correspondence about how Ellery might be treated if she were forced to return to Myer, and evidence of how valuable Ellery was to Myer’s business.
The Sydney Morning Herald also reports that both parties have objected to disclosing certain documents and asked Justice Sifris to decide which must be produced. The decision is expected by Tuesday.