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Yanner v Eaton [1999] HCA 53; (1999) 201 CLR 351, 365–366 [17] (Gleeson CJ, Gaudron, Kirby, and Hayne JJ describing the word "property"). This explains why a chose in action, such as a debt, is not a "good". A chose in action is a right against a person. It is not a right in relation to a thing. The notion of rights to the various "things" in the inclusive definition complements the definition of "supply" in s 2(1) of the Australian Consumer Law. That section incorporates the concept of legal rights in relation to things by providing that when "supply" is used as a verb a "supply of goods" includes "supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase".
129 Services is also defined in the same section in an inclusive way as follows:
services includes:
- (a) any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce; and
- (b) without limiting paragraph (a), the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under:
- (i) a contract for or in relation to the performance of work (including work of a professional nature), whether with or without the supply of goods; or
- (ii) a contract for or in relation to the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or
- (iii) a contract for or in relation to the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; or
- (iv) a contract of insurance; or
- (v) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or
- (vi) any contract for or in relation to the lending of money;
but does not include rights or benefits being the supply of goods or the performance of work under a contract of service.
130 The definition of "services" begins with a very broad inclusive definition as "any rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce". That definition, if read literally with the definition of "goods" would create an odd situation in which the supply of some thing (say, a car) by way of sale would involve a supply of goods but the provision of the rights to the car would be a service. That oddity is avoided by the exclusionary words at the conclusion of the definition of service: a service "does not include rights or benefits being the supply of goods". Nevertheless, it is possible
