Western Australian Current Acts

SEA-CARRIAGE DOCUMENTS ACT 1997 - SECT 9

9 .         Extinguishment of previous rights

        (1)         Where section 8 operates in relation to a bill of lading to transfer rights under the contract of carriage, the transfer extinguishes any entitlement to those rights that derives from —

            (a)         a person’s having been an original party to the contract of carriage; or

            (b)         the previous operation of that section.

        (2)         Where section 8 operates in relation to a sea waybill or ship’s delivery order to transfer rights under the relevant contract of carriage —

            (a)         the transfer extinguishes any entitlement to those rights that derives from the previous operation of that section;

            (b)         in the case of a sea waybill — the transfer is without prejudice to any rights that derive from a person’s having been an original party to the contract; and

            (c)         in the case of a ship’s delivery order — the transfer is without prejudice to any rights under the contract other than rights derived from the previous operation of that section.