ASIC loses appeal against Westpac on home lending

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Westpac's win in the landmark 'wagyu and shiraz' responsible lending case stands, with the corporate regulator's appeal dismissed with costs.

In his judgement last year, Justice Perram found a customer's current living expenses weren't an important indicator of whether they could afford the loan, contending expenses could be cut if necessary.

The judges agreed that even though the law requires the bank to make reasonable inquiries about a potential borrower's circumstances, it does not need to take all that information into account when assessing if a loan is unsuitable. In his dissenting judgement, the third judge Justice John Middleton said he would have allowed the appeal in part.

"Whether it be Wagyu beef washed down with the finest Shiraz , or less expensive expenditure on food and drink, this may not be willingly forgone or even able to be reduced by a particular consumer," Justice Middleton wrote.

 

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