Flying in a single-engine light aircraft for recreational purposes constitutes a dangerous recreational activity under s 5K of the Civil Liability Act 2002 (NSW), even when conducted under the supervision of a highly experienced flying instructor. The presence of an experienced instructor is a relevant factor but does not reduce the risk of physical harm from engine failure below the threshold of significance. A plaintiff alleging negligent response to an in-flight emergency must establish not merely that the pilot could have reached an alternative landing site, but that a safe landing without injury would have been achieved there, having regard to factors such as strip orientation, obstacles, and weather conditions.
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