The word 'significant' in s 5K of the Civil Liability Act 2002 (NSW) means more than 'not far-fetched or fanciful' (the Shirt test) but less than 'likely to materialise'. The relevant recreational activity for the purposes of s 5K is to be identified by reference to the particular activities engaged in by the plaintiff at the relevant time, which may require segmenting those activities from the broader activity. In assessing whether a risk is 'obvious' under s 5F, a distinction may need to be drawn between the risk of negligent conduct and the risk of grossly negligent conduct — the latter may not be obvious even where the former is. The burden of establishing the s 5L defence rests on the defendant.
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