Josias Van Zyl v Kingdom of Lesotho: Substituted Service on Foreign State under State Immunity Act
The plaintiffs, Josias Van Zyl and others, sought permission from the Singapore High Court to serve an Enforcement Order on the defendant, the Kingdom of Lesotho, through substituted means, specifically by posting or emailing it to Lesotho's Singapore solicitors. The Enforcement Order pertained to the enforcement of a final arbitration award on costs. The court dismissed the application, holding that the Enforcement Order falls under s 14(1) of the State Immunity Act, requiring service through diplomatic channels.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for substituted service dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for substituted service of an enforcement order on the Kingdom of Lesotho dismissed, as it must be served through diplomatic channels under the State Immunity Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Josias Van Zyl | Plaintiff | Individual | Application for substituted service dismissed | Lost | |
| Trustees of the Josias Van Zyl Family Trust | Plaintiff | Trust | Application for substituted service dismissed | Lost | |
| Trustees of the Burmilla Trust | Plaintiff | Trust | Application for substituted service dismissed | Lost | |
| Kingdom of Lesotho | Defendant | Government Agency | Application for substituted service dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Shaun Pereira | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mak Shin Yi | WongPartnership LLP |
4. Facts
- The plaintiffs obtained an ex parte order to enforce a final arbitration award on costs.
- The plaintiffs sought permission to serve the Enforcement Order on the defendant, the Kingdom of Lesotho, through substituted means.
- Lesotho is a State to which the State Immunity Act applies.
- The plaintiffs' solicitors attempted to serve the Enforcement Order on Rajah & Tann, Webber Newdigate, and the Attorney-General of Lesotho, but service was rejected.
- Lesotho commenced proceedings in Singapore in Originating Summons No 492 of 2016 to set aside the partial final award on jurisdiction and merits.
5. Formal Citations
- Josias Van Zyl and others v Kingdom of Lesotho, Originating Summons No 95 of 2017, [2017] SGHCR 2
6. Timeline
| Date | Event |
|---|---|
| Partial final award on jurisdiction and merits issued | |
| Final award on costs issued | |
| Originating Summons No 95 of 2017 initiated | |
| Hearing date | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Service of process on a foreign state
- Outcome: The court held that the Enforcement Order falls within the terms of s 14(1) of the State Immunity Act and therefore must be served through diplomatic channels, dismissing the application for substituted service.
- Category: Procedural
- Enforcement of Singapore award
- Outcome: The court determined that the order giving permission to enforce the award is required to be served and that service has the effect of instituting proceedings in relation to the enforcement of the award against the party served.
- Category: Substantive
8. Remedies Sought
- Permission to serve the Enforcement Order through substituted means
9. Cause of Actions
- Enforcement of Arbitral Award
10. Practice Areas
- Enforcement of Arbitral Awards
- International Law
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Norsk Hydro ASA v State Property Fund of Ukraine and others | N/A | Yes | [2009] Bus LR 558 | United Kingdom | Cited for the principle that the UK State Immunity Act applies equally to an application to enforce an award. |
| L and others v Y Regional Government of X | N/A | Yes | [2015] 1 WLR 3948 | N/A | Cited with approval of Norsk Hydro ASA v State Property Fund of Ukraine and others. |
| AIC Limited v The Federal Government of Nigeria | N/A | No | [2003] EWHC 1357 (QB) | England and Wales | Decision cuts against the grain of other cases regarding State Immunity Act. |
| Gold Reserve Inc v Bolivarian Republic of Venezuela | N/A | Yes | [2016] 1 WLR 2829 | N/A | Rejected AIC Limited v The Federal Government of Nigeria. |
| Petroval SA v Stainby Overseas Ltd and others | N/A | No | [2008] 3 SLR(R) 856 | Singapore | Plaintiffs argued that this was an appropriate case to permit substituted service on Rajah & Tann. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) O 69A r 6 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| State Immunity Act (Cap 313, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Enforcement Order
- Substituted Service
- State Immunity Act
- Diplomatic Channels
- Arbitration Award
- Sovereign State
15.2 Keywords
- State Immunity Act
- Substituted Service
- Enforcement Order
- Kingdom of Lesotho
- Arbitration Award
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| State Immunity | 90 |
| Arbitration | 80 |
| Civil Procedure | 75 |
| Enforcement of Foreign Judgments | 60 |
| International Law | 50 |
16. Subjects
- Civil Procedure
- International Arbitration
- Service of Process
- State Immunity