Both Myer and DJs to stock designer Kym Ellery range after court ruling Kym Ellery outside the Supreme Court. MYER is claiming a high-fashion legal victory after designer Kym Ellery was forced to apologise and part-pay costs in an out-of-court settlement. Under the agreement, her Ellery label will return to Myer until 2015, but Ms Ellery may still supply her collection to David Jones, making her the first Australian designer to stock the same range in both department stores. Ms Ellery acknowledged she was bound by an exclusivity agreement with Myer when she signed another agreement with rival David Jones, in a statement released by Myer outside the Supreme Court in Melbourne. "I truly regret making such a mistake and, going forward, I will honour my agreement with Myer and will extend my supply of the Ellery collection to Myer until 2015," she said. I am looking forward to now being able to focus on my work again. Ellery loses contract battle Myer had sued the 29-year-old Sydney designer, claiming she broke an agreement to have her designs carried exclusively by them when she began secretly negotiating with David Jones during last year's Spring Racing Carnival. Myer dumped Ms Ellery as a judge in the Myer-sponsored Fashion on the Fields and stripped her dresses from celebrity clothes horses Rebecca Judd and Lara Bingle after learning that she had crossed to David Jones. The unprecedented deal will see Ms Ellery step out at both stores' new-season collection launches and other high-profile promotional events. "As a key designer showcased in our store, she will participate (in promotional events), but we will work on the specifics, which are part of the confidential settlement," said Myer general manager of corporate affairs Jo Lynch. But she warned the outcome did not set a precedent for designers who wanted to deal with both department stores. For us, exclusive agreements, which are a big part of the retail industry, will continue. A David Jones spokeswoman said yesterday: "We are pleased that the litigation has been settled and that we have secured ongoing distribution of Ellery following the launch of the brand in our stores in February. After February 2015, when the existing supply arrangement with Myer expires, Ellery will be supplied department-store exclusively to David Jones. We already have a long-term department-store exclusive arrangement for the supply of (Ms Ellery's) L'America brand.