Briefs: FOS clarification, new BPay CEO, HSBC under investigation 25 November 2014 9:29PM Banking Day staff Briefs, Clarification: The Financial Ombudsman Service wishes to clarify that the merits of the case of Goldie Marketing v FOS & Anor have not been considered or decided by a judge or court. Contrary to an impression given in an article in Banking Day yesterday, there has been no final decision made in this case, and neither a judge or court has considered the merits of the matter at a full hearing. However, an interim injunction has been allowed so that the court will now have an opportunity to examine the evidence and canvass the issues at greater depth. Until this happens, FOS maintains its position that the dispute between Goldie and the ANZ is one more appropriately dealt with by a court and that FOS has dealt with the matter in accordance with our Terms of Reference. The board of BPay has appointed John Banfield as the company's new chief executive. Banfield replaces Andrew Arnott, who has resigned after 12 years in the job. Banfield is moving to BPay from Transaction Network Services, a global provider of payment infrastructure. He has also worked in a senior role at American Express Asia Pacific. HSBC's private banking arm, based in Switzerland, is under formal investigation in France, days after being accused of tax fraud by the Belgium authorities, the BBC reports. French magistrates will examine whether the bank helped some clients to avoid paying taxes between 2006 and 2007. Belgium prosecutors alleged that hundreds of the bank's clients moved money to offshore tax havens with the help of the bank. The bank said it had been asked to deposit a bail bond of €50 million and would co-operate with the French authorities.