Briefs: Online lender pays out $35k, CBA ready with sub debt offer, Oswals sue ANZ for $2.5bn
Online lender Rescue Credit Pty Ltd has repaid more than A$35,000 to borrowers who had paid fees and charges in excess of those allowed under consumer credit laws. This followed intervention by ASIC, which said the medium amount credit contracts offered by the lender "may have breached a number of its obligations" under the National Consumer Credit Protection Act and the National Credit Code. Among other breaches, it was possible Rescue credit had applied fees and charges to MACCs in the range of 56 per cent to 68 per cent, which are in excess of the permitted annual cost rate of 48 per cent, ASIC asserted in a media release. The Commonwealth Bank of Australia said via a media release that it had mandated its capital markets division to tap investors with a subordinated floating rate securities offer. The note from CBA's Capital Markets team that acknowledged a deal was afoot concluded with the usual caveat that, "subject to market conditions, the transaction is expected to launch in the near future." This has often meant the nominated deal is no more than a day away from launching. No issue size or indicative pricing was available. The opening day of court action between Pankaj and Radhikha Oswal, the founders of Burrup Fertiliser, versus Burrup's receiver PPB, its main lender ANZ Bank, and Yara (a Norwegian company that purchased a major share of the business) saw a A$2.5 billion claim unveiled, Fairfax Media reports. The Oswal's lawyers allege the Oswal's business was sold for far less than they say it was worth. The Oswals are suing the ANZ and PPB over the sale of the Western Australian fertiliser company for what they allege is a knock down price of $US560 million in 2011 while, they claim, they were "under duress". The hearing continues.