A risk that is 'much more than far-fetched or fanciful' may not differ materially from a risk that is 'not insignificant' under s 5B(1)(b) of the Civil Liability Act 2002 (NSW). Where the risk is clear and obvious, the change in statutory formulation from Shirt will not produce a different result. The elements of s 5B should not be treated as divisible but as part of a single overall test of reasonableness. The question whether s 5B applies to deliberate or positive negligent acts (as opposed to failures to take precautions) remains open.
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