KENT TRADE AND FINANCE INC AND OTHERS v JPMORGAN CHASE BANK AND ANOTHER (THE “LANNER”)

[2009] 1 Lloyd's Rep. 566

CANADIAN FEDERAL COURT OF APPEAL

Before Chief Justice Richard, Mr Justice Pelletier and Mr Justice Ryer

Admiralty practice - Priority - Conflict of laws - Proper law of contract - Maritime lien - Contracts for supply of necessaries expressly governed by American law - Relevance of contractual choice of law clause - Applicable law - Whether suppliers of necessaries entitled to priority over vessel' mortgagee - Commercial Instruments and Maritime Liens Act, 46 USC 31342 (1994)