Key facts
- Cairo Takeaway has won a court ruling against activist Ofir Birenbaum.
- The ruling found Birenbaum breached parts of a legal settlement.
- Birenbaum had claimed to be 'completely vindicated' after the settlement.
- The court heard allegations of a 'coordinated effort' to control media narrative.
- The case stems from an incident in February 2025 and subsequent defamation proceedings.
A legal settlement between Sydney restaurant Cairo Takeaway and pro-Israel activist Ofir Birenbaum has been found to be breached by the activist, according to a ruling by Justice Robert Bromwich in the federal court on Tuesday.
The dispute originated in February 2025 when Birenbaum visited the restaurant with reporters from the Daily Telegraph, an operation internally dubbed "undercover Jew" by the newspaper. This incident later gained international attention.
Following the visit, Birenbaum initiated defamation proceedings against Cairo Takeaway's owner, Hesham El Masry, and staff member Talaat Yehia, over social media posts made by the restaurant. Birenbaum contested the version of events presented in these posts, which were subsequently deleted by the restaurant along with an apology, prior to the defamation suit.
The case was settled in March, but Cairo Takeaway reopened the matter, alleging Birenbaum violated terms of the agreement by issuing a personal statement asserting he was "completely vindicated." Birenbaum's lawyer, Rebekah Giles, also made media statements labelling the settlement "an important win for Ofir Birenbaum and the Australian Jewish community."
During a May hearing concerning the alleged breach, lawyers for Cairo Takeaway described the statements by Birenbaum and Giles as a "coordinated effort" to undermine the settlement and "control the narrative" in the media. Matthew Richardson argued these were "victory statements" intended to overshadow the joint statement.
Conversely, Birenbaum's lawyer, Kieran Smark SC, contended that the comments were not inconsistent with the official joint statement and suggested Birenbaum was vindicated by the restaurant's public apology.