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Service of process and judgments in default of appearance

State Immunity Act 1979

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—(1) Any writ or other document required to be served for instituting proceedings against a State must be served by being transmitted through the Ministry of Foreign Affairs, Singapore, to the ministry of foreign affairs of that State, and service is deemed to have been effected when the writ or document is received at that ministry.(2) Any time for entering an appearance (whether prescribed by Rules of Court or otherwise) begins to run 2 months after the date on which the writ or document is so received.(3) A State which appears in proceedings cannot thereafter object that subsection (1) has not been complied with in the case of those proceedings.(4) No judgment in default of appearance may be given against a State except on proof that subsection (1) has been complied with and that the time for entering an appearance as extended by subsection (2) has expired.(5) A copy of any judgment given against a State in default of appearance must be transmitted through the Ministry of Foreign Affairs, Singapore, to the ministry of foreign affairs of that State and any time for applying to have the judgment set aside (whether prescribed by Rules of Court or otherwise) begins to run 2 months after the date on which the copy of the judgment is received at that ministry.(6) Subsection (1) does not prevent the service of a writ or other document in any manner to which the State has agreed and subsections (2) and (4) do not apply where service is effected in that manner.(7) This section is not to be construed as applying to proceedings against a State by way of counterclaim or to an action in rem; and subsection (1) is not to be construed as affecting any Rules of Court whereby leave is required for the service of process outside the jurisdiction.

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