Justice Robert Bromwich of the federal court on Tuesday ruled that pro-Israel activist Ofir Birenbaum breached parts of a legal settlement with Sydney's Cairo Takeaway restaurant, rejecting his claim of being 'completely vindicated' after the settlement.
Background of the Dispute
The conflict began in February 2025 when Birenbaum visited the popular Middle Eastern restaurant in Newtown wearing a Star of David cap and necklace, accompanied by reporters from the Daily Telegraph. The newspaper internally code-named the operation 'undercover Jew', which later made international headlines after it backfired.
In August, Birenbaum launched defamation proceedings against restaurant owner Hesham El Masry and staff member Talaat Yehia over statements made in social media posts. The restaurant later deleted the posts and apologised before the defamation suit was filed.
Settlement and Alleged Breach
The case settled in March, but Cairo Takeaway reopened it after alleging Birenbaum breached the settlement terms. Birenbaum released a personal statement claiming he was 'completely vindicated', and his lawyer, Rebekah Giles, sent statements to the media calling the settlement 'an important win for Ofir Birenbaum and the Australian Jewish community'.
In a May hearing, Matthew Richardson, representing Cairo Takeaway, argued that these statements were a 'coordinated effort' to discredit the settlement and 'control the narrative'. He said: 'These were victory statements, they were planned, they were intended to bury the joint statement in the news cycle, and they had that effect.'
Court Decision
Birenbaum's lawyer, Kieran Smark SC, denied the comments were inconsistent with the official joint statement and suggested Birenbaum was vindicated because the restaurant had made a public apology. However, Justice Bromwich found that Birenbaum had breached parts of the settlement, though details of the ruling are yet to be fully disclosed.
Impact and Reactions
The decision marks another twist in the long-running feud between Birenbaum and Cairo Takeaway. The restaurant's legal victory underscores the court's willingness to enforce settlement agreements strictly. More details are expected to emerge as the case continues.
