Cairo Takeaway secures court win over pro-Israel activist who claimed he was ‘completely vindicated’ after settlement | Australian media

A pro-Israel activist has breached parts of a legal agreement with Sydney restaurant Cairo Takeaway; the court ruled after he claimed he was “completely exonerated” following the agreement.

Judge Robert Bromwich handed down his decision in federal court on Tuesday in the latest chapter of the long-running fight with Ofir Birenbaum, who visited the popular Middle Eastern restaurant wearing a Star of David hat and necklace with Daily Telegraph reporters in February 2025.

The operation, which was later revealed to be what the newspaper called a “secret Jew” inside, made international headlines after it backfired.

In August, Birenbaum filed a defamation lawsuit against the restaurant’s owner, Hesham El Masry, and staff member Talaat Yehia over comments he made in a series of social media posts.

Birenbaum denied the events described in the posts, which the restaurant later deleted and apologized for before a defamation lawsuit was filed.

The case was settled in March but reopened after the restaurant claimed Birenbaum violated parts of the agreement the parties agreed to after he filed a personal statement claiming he was “completely exonerated.”

The court heard his lawyer, Rebekah Giles, also called the settlement “a significant win for Ofir Birenbaum and the Australian Jewish community” in statements to the media.

At a hearing in May on allegations that Birenbaum had violated parts of the agreement, Cairo Takeaway’s lawyers claimed that Birenbaum and Giles’ statements were a “coordinated effort” to discredit the agreement 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.

Birenbaum’s lawyer, Kieran Smark SC, denied the comments were inconsistent with the official joint statement. He also suggested that Birenbaum was exonerated because the restaurant issued a public apology.

More to come…