An application under UCPR r 36.16 to set aside or vary a judgment will be dismissed where the alleged misapprehensions do not affect the central conclusion and the application amounts to re-agitation of arguments already considered. Where a primary judge has failed to identify with specificity the information said to be confidential and has improperly excluded evidence going to the quality of confidence, the appropriate course is remitter for retrial rather than the appellate court attempting to determine the factual questions itself.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.