In Stewart v Ackland 2015(ACTCA)1 the ACT Court of
Appeal recently considered the application of the provisions in the
Civil Liability Act 2002 (NSW) (CLA)
relating to dangerous recreational activity.
On 10 October 2009, the Respondent, Mr Ackland, broke his neck
causing permanent tetraplegia when performing a backwards
somersault or back flip on an amusement device called a jumping
pillow. The jumping pillow was situated on a farm in rural New
South Wales where the Appellants conducted an amusement park.
In the District Court there was a judgment in favour of the
Plaintiff for about $4.6 million. The main issue in the trial was
whether the activity engaged in by Mr Ackland at the time he was
injured was a dangerous recreational activity within the meaning of
that expression in Section 5L(1) of the CLA, and secondly whether
the risk which eventuated had been an obvious risk as defined by
Section 5K.
