Cairo Takeaway secures court win over pro-Israel activist who claimed he was ‘completely vindicated’ after settlement
A pro-Israel activist breached parts of a legal settlement with Sydney restaurant Cairo Takeaway, a court has ruled, after he claimed to have been “completely vindicated” following the settlement.
Justice Robert Bromwich handed down his decision in the federal court on Tuesday, in the latest chapter of a long-running feud with Ofir Birenbaum, who visited the popular Middle Eastern restaurant wearing a Star of David cap and necklace with reporters from the Daily Telegraph in February 2025.
The operation, later revealed to have been dubbed “undercover Jew” internally by the newspaper, made international headlines after it backfired.
In August, Birenbaum launched defamation proceedings against the restaurant’s owner, Hesham El Masry, and staff member Talaat Yehia for statements made in a series of social media posts.
Birenbaum denied the version of events depicted in the posts, which the restaurant later deleted and apologised for before the defamation suit was launched.
The case settled in March, but was reopened after the restaurant alleged Birenbaum had breached parts of the settlement the parties had agreed after he released a personal statement claiming he was “completely vindicated”.
His lawyer, Rebekah Giles, also sent statements to the media in which she labelled the settlement “an important win for Ofir Birenbaum and the Australian Jewish community”, the court heard.
In a May hearing over allegations that Birenbaum breached parts of the settlement, lawyers for Cairo Takeaway alleged the statements by Birenbaum and Giles were a “coordinated effort” to discredit the settlement and “control the narrative” in the media.
“These were victory statements, they were planned, they were intended to bury the joint statement in the news cycle, and they had that effect,” Matthew Richardson told the court.
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Birenbaum’s lawyer, Kieran Smark SC, denied the comments were inconsistent with the official joint statement. He also suggested Birenbaum was vindicated because the restaurant had made a public apology.
More to come …
Read the full story at The Guardian ↗ · The Guardian ↗ · The Guardian ↗ · The Guardian ↗
A federal court in Sydney has determined that pro-Israel activist Ofir Birenbaum violated portions of a settlement agreement with Cairo Takeaway restaurant. The settlement had been reached in March following a defamation dispute. The restaurant alleged that Birenbaum breached the agreement by releasing public statements claiming he was 'completely vindicated' and by having his lawyer issue media statements characterising the outcome as a win. Justice Robert Bromwich heard arguments in May regarding these alleged breaches. The dispute originated from Birenbaum's February 2025 visit to the restaurant wearing religious symbols, accompanied by Daily Telegraph reporters. The newspaper had internally referred to the operation as 'undercover Jew'. The restaurant subsequently apologised and removed social media posts that were the subject of Birenbaum's defamation claim before the March settlement was reached. Birenbaum's legal team contested that the post-settlement statements were inconsistent with the agreement and argued he was vindicated by the restaurant's apology.
Read the full story at The Guardian ↗ · The Guardian ↗ · The Guardian ↗ · The Guardian ↗
A pro-Israel activist breached parts of a legal settlement with Sydney restaurant Cairo Takeaway, a court has ruled, after he claimed to have been “completely vindicated” following the settlement.
Justice Robert Bromwich handed down his decision in the federal court on Tuesday, in the latest chapter of a long-running feud with Ofir Birenbaum, who visited the popular Middle Eastern restaurant wearing a Star of David cap and necklace with reporters from the Daily Telegraph in February 2025.
The operation, later revealed to have been dubbed “undercover Jew” internally by the newspaper, made international headlines after it backfired.
In August, Birenbaum launched defamation proceedings against the restaurant’s owner, Hesham El Masry, and staff member Talaat Yehia for statements made in a series of social media posts.
Birenbaum denied the version of events depicted in the posts, which the restaurant later deleted and apologised for before the defamation suit was launched.
The case settled in March, but was reopened after the restaurant alleged Birenbaum had breached parts of the settlement the parties had agreed after he released a personal statement claiming he was “completely vindicated”.
His lawyer, Rebekah Giles, also sent statements to the media in which she labelled the settlement “an important win for Ofir Birenbaum and the Australian Jewish community”, the court heard.
In a May hearing over allegations that Birenbaum breached parts of the settlement, lawyers for Cairo Takeaway alleged the statements by Birenbaum and Giles were a “coordinated effort” to discredit the settlement and “control the narrative” in the media.
“These were victory statements, they were planned, they were intended to bury the joint statement in the news cycle, and they had that effect,” Matthew Richardson told the court.
after newsletter promotion
Birenbaum’s lawyer, Kieran Smark SC, denied the comments were inconsistent with the official joint statement. He also suggested Birenbaum was vindicated because the restaurant had made a public apology.
More to come …
Read the full story at The Guardian ↗ · The Guardian ↗ · The Guardian ↗ · The Guardian ↗
A pro-Israel activist breached parts of a legal settlement with Cairo Takeaway, a court has ruled Justice Robert Bromwich handed down his decision in federal court Ofir Birenbaum visited the restaurant in February 2025 wearing a Star of David cap and necklace with Daily Telegraph reporters The newspaper internally referred to the operation as 'undercover Jew' Birenbaum launched defamation proceedings in August against the restaurant owner and staff member The case settled in March Birenbaum released a statement claiming he was 'completely vindicated' His lawyer sent statements to media calling the settlement 'an important win for Ofir Birenbaum and the Australian Jewish community' Cairo Takeaway alleged these statements were a 'coordinated effort' to discredit the settlement and control the narrative The statements were 'victory statements' intended to 'bury the joint statement in the news cycle' Birenbaum's lawyer argued the comments were consistent with the official joint statement and that Birenbaum was vindicated by the restaurant's public apology
Read the full story at The Guardian ↗ · The Guardian ↗ · The Guardian ↗ · The Guardian ↗
- A Sydney federal court ruled that pro-Israel activist Ofir Birenbaum breached parts of a legal settlement with restaurant Cairo Takeaway
- Birenbaum had claimed 'complete vindication' in statements after a March settlement, which the restaurant said violated agreed terms
- The dispute stemmed from Birenbaum's February 2025 visit to the restaurant with Daily Telegraph reporters, which the newspaper internally called 'undercover Jew'
- The restaurant later apologised and deleted social media posts, but reopened the case after Birenbaum's post-settlement statements to media