[104] The defence in s 5L requires a defendant to prove that: (i) the

plaintiff was engaged in a “recreational activity” (130); (ii) the

recreational activity was dangerous in the sense that it involved “a

significant risk of physical harm” (131); (iii) there was a risk of that

activity that was obvious (132); and (iv) the harm was suffered by the

plaintiff as a result of the materialisation of that obvious risk. Once

these four elements are proved, the defence in s 5L will apply to the

extent that the harm suffered by the plaintiff was a result of the

materialisation of that obvious risk.