An appeal against a decision of the ACT Court of Appeal on dangerous recreational activities in the context of the tort of negligence that was to be heard by the Full Court on 2 December has now been discontinued by consent. The respondent suffered a broken neck and tetraplegia after attempting a backward somersault at the appellant’s amusement park and sought damages for negligence. At trial, the appellants argued that s 5L(1) of the Civil Liability Act 2002 (NSW), which precludes liability for harm resulting from the materialisation of an obvious risk or dangerous recreational activity engaged by the claimant, applied here. The ACTCA unanimously upheld the trial judge’s decision that the appellants were liable for the injury. A majority of the ACTCA agreed with the trial judge that while the activity had been a ‘dangerous recreational activity’ within the meaning of s 5L(1), the risk that eventuated had not been an ‘obvious risk’ as defined by s 5K. By consent, the appellants agreed to pay the respondent $3.5 million subject to conditions outlined in the order.