Landmark justice tested in Brisbane banking probe
The oddball morality play that is the royal commission into banking misconduct produced its most populist act yet in Brisbane yesterday, confronting ANZ's Benjamin Steinberg with one the fundamental questions the industry's critics want asked."What I want to put to you is that although ANZ provisioned financially for the high risk loans, it didn't really prepare itself to deal with the effects that the failure of those loans would have on the borrowers," Rowena Orr, counsel assisting optimistically asked of Steinberg, the bank's head of lending services, corporate and commercial at the end of a frustrating examination.Orr and Kenneth Hayne will be waiting for the resumption of hearings this morning for any Socratic answer from an operator better versed in staring down the mob in messy liquidations and maximising recoveries for his bank than reflecting on wider rights and wrongs while resolving a high value default."I don't agree with that proposition," was all that Steinberg could think of before Hayne adjourned for the day.In its fourth round of hearings Hayne yesterday turned the commission's attention to a long running scab for ANZ, its handling of the 2010 acquisition of Landmark loan and deposit books from AWB Group. The bank took over A$2.4 billion in lending assets and $300 million in deposits. At the time ANZ said it was also offering jobs to around 100 relationship management staff.Steinberg's involvement in overseeing Landmark matters for the bank dates from 2015, when a truckload of the most problematic loan files landed on his desk, but ANZ handed to him the job of deflecting questions surrounding one of the most iconic controversies in the eyes of Australian banking's most passionate critics.Evan Jones, a retired academic from Sydney University, has argued that one of the principal reasons the Hayne royal commission got up and running at all "was farmer outrage at the treatment of Landmark borrowers."A Senate Committee on Lending to Primary Production Customers has considered similar material to that now being absorbed by Hayne. "Many of the recommendations merely request that bank lenders act legally and effect their borrower relationships with the most basic of professional ethics," was the cynical appraisal of Jones of the Senate inquiry.The royal commission may press ANZ and other agribusiness financiers. ANZ and Landmark fit into Orr's interest in "non-monetary defaults through a revaluation of property or security assets which alters loan to value ratios" and "changes to conditions of lending, such as changes to interest rates, access to facilities such as overdrafts or trading facilities, or changing other conditions in a way that was unfavourable to the customer."While Landmark's unhappy borrowers are getting some of what they want from Hayne's hearings, the commissioner yesterday opened with a lecture for unhappy Bankwest borrowers, peeved at the commission's disdain for well-publicised hypotheses on Commonwealth Bank's regrading of many loans back in 2009 and 2010.Hayne encouraged the public to submit "additional information", promising that "it will be carefully considered."He warned that he did not want to read the same old, same old.