TOPIC 2: Choses in possession - Taxonomy of personal property

Question 1

Per Fry LJ [285] all things are either

Answer 1

in possession or in action (it’s a binary scheme) The law knows no tertium quid btw the two (Colonial Bank v Whinney, 1885)

Question 2

Tangible property

Answer 2

is corporeal, physically exists –> chose in possession (Millar v Taylor)

Question 3

Intangible property

Answer 3

chose in action (Moore-Bick LJ at [26], Your Response v Datateam Business Media)

Question 4

Chose in action

Answer 4

all personal rights of property which can only be claimed or enforced by action and not by taking physical possession”.’ Torkington v Magee [1902] –> cited in Your Response Ltd v Datateam Business Media Ltd (2015)

Question 5

Which case did Your Response Ltd v Datateam Business Media Ltd (2015) (UK) affirm?

Answer 5

Colonial Bank v Whinney (1885)

Question 6

In Colonial Bank v Whinney (1885) were the shares choses in action and did they pass to B’s trustee in bankruptcy as property of the bankrupt to be put towards for division for payment amongst B’s creditors?

Answer 6

Shares were choses in action. Thus, they couldn’t pass to B’s trustee in bankruptcy as not considered goods.

Question 7

In Your Response v Datateam Business Media what was thecourt reluctant to accept?

Answer 7

intangible property (shares, data etc) as choses in possession given risks of unintended consequences (Davis LJ [38-39]

Question 8

Under the PPSA 2009 (Cth) s 10 what does it consider to be personal property?

Answer 8

1) goods
2) financial property
3) intermediated security
4) intangible property