A person who purports to appoint themselves as 'controller' of a company's property under s 9 of the Corporations Act 2001 (Cth) faces significant difficulties where: (a) the charge deed does not provide for appointment of a controller; (b) the purported appointment involves self-agency; and (c) the property consists of causes of action (choses in action) that can only be enforced by legal proceedings and are not capable of physical possession. The question whether such choses in action can be 'possessed' for the purpose of the controller definition was identified but not finally determined.
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