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BOQ and owner-managers back in court

07 October 2013 5:37PM
Long-running litigation involving the Bank of Queensland and a group of former New South Wales branch owner-managers returns to court this week, when the parties make their final submissions.The former owner-managers have brought a claim of misleading and deceptive conduct against the bank, arguing that a 2003 plan to expand into the NSW retail banking market, using a franchise distribution model, was based on superficial business analysis, overly optimistic projections that were never properly tested and a failure to acknowledge the bank's competitive disadvantages.BOQ has defended its position on the basis that while some owner-managers were unsuccessful others have performed up to expectations. The success or otherwise of the franchised branches was a result of the competence and diligence of the owner-managers.A good deal of the cross-examination of witnesses dealt with the question of how much the owner-managers relied on the bank's projections and how much they were responsible for developing their own business plans. The bank prepared models, showing the amount of lending and deposit-taking branches would need to do to become cashflow positive, but BOQ executives insisted that owner-managers were required to do their own analysis of their local markets.The court heard how BOQ sold franchises on the basis that owner-manager branches in metropolitan areas could lend A$4.25 million a month and take deposits of $1.5 million. Stretch targets were for $6 million of loans and $2 million of deposits.Non-metropolitan branches were expected to generate $3 million of loans and $1 million of deposits each month. The stretch targets were $4 million of loans and $1.3 million of deposits.The owner-managers claim that BOQ's own marketing team argued that the projections were unrealistic and that the metropolitan branches would raise about $750,000 in deposits, which proved to be closer to the mark.Another point of contention is whether the bank gave the owner-managers sufficient discretion to allow them to run their businesses successfully. The owner-managers complain of not being able to discount interest rates or raise commissions to match competitors. They also claim that they were not given the authority to approve loans that had been promised.BOQ also came under attack for not providing the marketing support it had indicated would be part of the franchise package.The case resumes before Justice Michael Bell in the Supreme Court of News South Wales tomorrow.

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