The expression 'significant risk of physical harm' in s 5K of the Civil Liability Act 2002 (NSW) constitutes one composite concept in which the risk and the harm mutually inform each other: the risk may be 'significant' if the risk is low but the potential harm is catastrophic, or if the likelihood of both the occurrence and the harm is more than trivial. Oztag (and by analogy similar non-contact amateur sports) is not a 'dangerous recreational activity' within the meaning of s 5K. Playing fields maintained to the standard common for council grounds used for amateur sport throughout NSW meet the standard of care, and slight unevenness and sandy patches are part of the practical realities of everyday life.
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