Background:
Jun Qi Liu, the petitioner, initiated foreclosure proceedings against Shing Chi (Jackson) Choi, claiming Choi defaulted on a mortgage securing a $500,000 loan. Liu sought to enforce the mortgage against Choi’s property. Choi applied to set aside the order nisi (a preliminary foreclosure order) and transfer the case to the trial list, arguing improper service, lack of notice, and disputes over the loan amount and validity of the mortgage.

Legal Issues:

1. Service & Default: Choi argued he was not properly served with the foreclosure petition or notice of hearing. The court found no evidence that he received them, ruling he was not in wilful default.
2. Timeliness of Application: Choi claimed he only learned of the order nisi in July 2023. Despite some delays, the court found he acted with reasonable diligence.
3. Defenses to Foreclosure: Choi contended the mortgage was obtained under duress and that he had repaid substantial amounts. The court found his claims, though inconsistent, raised bona fide triable issues regarding loan repayment, interest calculation, and mortgage validity.

Outcome & Costs:
The court set aside the order nisi and transferred the case to the trial list. The foreclosure claim, including Liu’s demand for $1,030,958.90, will be decided at trial. Costs were ordered to be in the cause, meaning the final cost determination will depend on the trial outcome.