A federal court justice has said that pro-Israel activist Ofir Birenbaum made “misleading and deceptive” comments after settling a legal dispute with Cairo Takeaway, a Middle Eastern restaurant in Sydney’s Newtown. Justice Robert Bromwich criticized Birenbaum’s conduct, stating he could not imagine a single judge finding it acceptable.
Background of the Dispute
The long-running feud between Birenbaum and the restaurant resurfaced in federal court on Thursday. The case had been settled in March, but the restaurant alleged Birenbaum breached the settlement by claiming he was “completely vindicated.” In February 2025, Birenbaum visited Cairo Takeaway wearing a Star of David cap and necklace, accompanied by reporters from the Daily Telegraph. The operation, internally dubbed “undercover Jew,” made international headlines after it backfired.
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 apologized before the defamation suit was filed.
Settlement and Breach
The confidential settlement included a joint statement from Cairo Takeaway, Birenbaum, and the Daily Telegraph. The Telegraph apologized for causing distress, and Cairo apologized unreservedly to Birenbaum. However, hours after the joint statement was published, Birenbaum posted an additional “personal statement” on Instagram and X. He posted it on X three hours before the joint statement, the court heard.
His lawyer, Rebekah Giles, also sent statements to media labeling the settlement “an important win for Ofir Birenbaum and the Australian Jewish community.” Justice Bromwich said of Birenbaum’s social media statement: “The kindest thing you can say about it is that in the context of the deed, it’s misleading and deceptive, and if you were bringing an action for misleading or deceptive conduct, you’d win it, hands down.”
Allegations of Coordination
Matthew Richardson, representing Cairo Takeaway, alleged the statements by Birenbaum and Giles were a “coordinated effort” to discredit the settlement and “control the narrative.” He said they were “victory statements” intended to bury the joint statement in the news cycle. Richardson argued the joint statement was meant to communicate an amicable resolution with no winner, but Birenbaum “effectively trashed that joint statement and killed any benefit that it had.”
Birenbaum’s lawyer, Kieran Smark SC, denied the comments were inconsistent with the official joint statement. He suggested Birenbaum was vindicated because the restaurant had publicly apologized.
Further Allegations
Richardson also alleged that Birenbaum or Giles had sent information to Sky News journalist Sharri Markson, leading her to report that compensation had been paid as part of the settlement. Smark conceded the disclosure was a breach but disputed it came from Birenbaum or Giles. The court heard a WhatsApp message from Birenbaum to Markson and that a briefing note was sent to Crikey and The Daily Mail. Birenbaum denied knowing who sent the briefing note.
Justice Bromwich has reserved his decision.
