KEY POINTS:
Foodstuffs will not appeal against the court decision setting aside its clearance to bid for the Red Sheds.
But managing director Tony Carter says the move does not mean it is no longer interested in The Warehouse.
The Court of Appeal last month overturned a High Court decision giving Foodstuffs and supermarket rival Woolworths permission to bid for The Warehouse - and last week the Australian retail giant sought leave from the Supreme Court to appeal.
But Carter said Foodstuffs would not appeal as the basis for its case was essentially the same as Woolworths'.
"This is about competition issues, and they are the same for both companies so it is not necessary for both companies to go to court.
"If Woolworths' appeal to the Supreme Court is successful and Woolworths is granted a clearance, Foodstuffs will also face no competition issues if it decides to purchase further shares in The Warehouse.
"If Woolworths' appeal is unsuccessful, again, both companies are in the same position."
Carter said Foodstuffs' view continued to be that the High Court decision granting clearances to acquire The Warehouse was correct.
"We will await with interest the outcome of the Woolworths appeal and, as we have consistently said, we would not rule anything in or anything out going forward."
Foodstuffs and Woolworths each hold a strategic 10 per cent stake in The Warehouse, the country's largest listed retailer.
