Western Australian Current Acts Western Australian Current Acts (1) The unpaid seller
may exercise his right of stoppage in transitu either by taking actual
possession of the goods, or by giving notice of his claim to the carrier or
other bailee or custodier in whose possession the goods are. Such notice may
be given either to the person in actual possession of the goods or to his
principal. In the latter case the notice, to be effectual, must be given at
such time and under such circumstances that the principal, by the exercise of
reasonable diligence, may communicate it to his servant or agent in time to
prevent a delivery to the buyer.
(2) When notice of
stoppage in transitu is given by the seller to the carrier, or other bailee or
custodier in possession of the goods, he must re-deliver the goods to, or
according to the directions of, the seller. The expenses of such re-delivery
must be borne by the seller.
[Heading inserted: No. 19 of 2010 s. 44(2).]