Age discrimination lending claim fails
A claim by a 66-year old that he was discriminated against because of his age when requesting a loan from National Australia Bank has failed in the Victorian Civil and Administrative Tribunal.Anna Dea, a Tribunal member, held it was "reasonable for a lender such as NAB and its officers to have regard to a prospective borrower's capacity to repay.""There can be no doubt that the establishment of a source of repayment is part of a standard policy or guideline. Careful and flexible attention to an unusual or different loan proposal will also require proof of a source of repayment… that approach is reasonable."The applicant, Giulian Lomax, was an architect whose business was in difficulty. He fell behind on payments on a A$770,000 line of credit account.In late 2012 he applied to increase this to $1.2 million, while also making a request for hardship relief. NAB provided assistance that ended in or around late March 2013.In May 2013 NAB cancelled the line of credit facility, and declined a series of later credit requests.Lomax asserted his applications were rejected because of his age.He conceded in evidence, however, that no one employed by NAB said anything directly or indirectly about his age being a matter that led to the rejection of his proposals.The Tribunal ruled that the material in the case, "including the applicant's summary of what was said, indicates that [the bank's] concerns were centred on the line of credit which was in default and the absence of current income."