Cairo Takeaway wins court ruling over pro-Israel activist who breached settlement

The Federal Court in Sydney on Tuesday handed down a decision in the ongoing dispute between pro-Israel activist Ofir Birenbaum and Cairo Takeaway, a Middle Eastern restaurant. Justice Robert Bromwich found that Birenbaum had breached parts of a settlement reached in March.

The conflict began in February 2025 when Birenbaum visited the restaurant wearing a Star of David cap and necklace, accompanied by reporters from the Daily Telegraph. The newspaper internally dubbed the operation "undercover Jew," and it made international headlines after backfiring.

In August, Birenbaum launched defamation proceedings against restaurant owner Hesham El Masry and staff member Talaat Yehia over social media posts. The restaurant later deleted the posts and apologised before the suit was filed.

The case settled in March but was reopened after Cairo Takeaway alleged Birenbaum had breached the agreement. Specifically, Birenbaum issued a personal statement claiming he was "completely vindicated." His lawyer, Rebekah Giles, also sent statements to media describing the settlement as "an important win for Ofir Birenbaum and the Australian Jewish community."

In a May hearing, lawyers for the restaurant argued that these statements were a "coordinated effort" to discredit the settlement and "control the narrative." "These were victory statements, they were planned, they were intended to bury the joint statement in the news cycle, and they had that effect," said barrister Matthew Richardson.

Birenbaum's lawyer, Kieran Smark SC, denied the comments were inconsistent with the joint statement, suggesting Birenbaum was vindicated because the restaurant had publicly apologised.

More details of the ruling are expected to follow.