Fashion designer Kym Ellery sorry over breaching exclusivity arrangement, settles with Myer Designer Kym Ellery during her Ellery show for Rosemont Australian Fashion Week 2011, in Sydney. Picture: Cameron Richardson Source: The Australian FASHION designer Kym Ellery has won the right to keep her label in both David Jones and Myer, after apologising for breaking an exclusivity agreement with Myer. The 29-year old designer today settled the lawsuit brought against her by Myer, which has negotiated fresh terms to extend its contract with Ellery for another two seasons in exchange for letting her see out her contract with its rival. Ellery did not attend the Victorian Supreme Court where the settlement was announced this morning, but said in a statement released by Myer that she regretted her actions. "I understand that the contract I had to exclusively supply Myer was to operate until 2014," she said in the statement. I am sincerely sorry that I also agreed to supply another retailer on an exclusive basis outside of my agreement with Myer. 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 until 2015. I am grateful that I have been granted the opportunity to also continue supplying my mainline collection to David Jones. Myer had argued Ellery breached the exclusivity of her contract by signing up to David Jones in November last year, and sought an injunction preventing her from supplying any more clothing to David Jones. In her defence, Ellery claimed her contract with Myer was a restraint of trade and a lack of clothing orders from Myer meant she was facing ruin. Ellery and Myer have reached an undisclosed agreement on her contribution towards Myer's legal costs. The settlement negotiations arose on the cusp of Ellery's scheduled appearance in the witness stand. Outside court, Myer corporate affairs manager Jo Lynch said the Ellery case would not set a precedent for designers who wanted to deal with both department stores. "There has been significant time and cost and Supreme Court proceedings that have taken place to ensure that we have been able to continue to gain the supply of Ellery," Ms Lynch said. For us it has ensured that exclusive agreements, which are a big part of the retail industry, will continue going forward. Exclusive agreements are commonplace around the globe in retail and we're sure that will continue. Judge Michael Sifris said the case had raised "interesting and unusual" issues as he congratulated the parties on a settlement.