Part 5
Other commercial matters
Carriage of goods:
Rights of carriers
284Proceeding for recovery of freight
A proceeding for the recovery of freight may be brought against the consignee if—
- the property in the goods has passed to the consignee; and
- the consignee is not the contracting party.
Subsection (1) applies despite anything in this subpart or any rule of law to the contrary.
If the proceeding is brought against the consignee,—
- the consignee must be treated as the contracting party and is liable for the payment of freight under the contract accordingly:
- the consignee may raise the same defences and make the same counterclaims as the contracting party would have been entitled to raise or make if the proceeding had been brought against the contracting party.