Egyptian Restaurant Fights Back in Legal Battle
Sydney's popular Cairo Takeaway has launched a counter-lawsuit against pro-Israel activist Ofir Birenbaum, alleging he trespassed on their premises during what internal documents called an 'undercover Jew' operation organised by the Daily Telegraph. The Newtown eatery claims Birenbaum entered the restaurant on 11 February 2025 with the specific intention of provoking staff while covertly filming interactions.
The Controversial 'Undercover Operation'
According to federal court documents filed on Friday, Birenbaum visited Cairo Takeaway wearing a Star of David cap and necklace alongside Daily Telegraph reporters. The restaurant's legal team from O'Brien Criminal and Civil Lawyers alleges this was part of a planned operation internally dubbed 'undercoverjew' by reporter Danielle Gusmaroli.
The court documents reveal Gusmaroli's planning notes stated: 'Undercover Jewish man Ofir Birenbaum sees what it's like being Jewish in Sydney. Will secretly film with his video glasses.' Her notes listed several Sydney suburbs including Newtown, Blacktown, Bankstown and Arncliffe as potential locations to 'film peoples reactions to this Jewish man in their neighbourhood.'
Restaurant Alleges Targeted Provocation
Cairo Takeaway claims Birenbaum's true purpose was to produce an 'angry or negative reaction from staff' and portray the establishment as antisemitic. The restaurant alleges they were specifically targeted due to their pro-Palestinian stance.
In their court filing, the restaurant's lawyers state Birenbaum wore sunglasses 'sold with inbuilt technology to enable filming' and loitered at the back of the restaurant for over a minute while active on his mobile phone. They claim he undertook covert filming using at minimum his mobile phone and possibly his sunglasses.
The restaurant is seeking both loss and damage and exemplary damages, citing what they describe as 'the disgraceful and outrageous attempt to increase social division by entering a pro-Palestinian premises wearing a cap that resembles the Israeli flag with a Daily Telegraph camera crew waiting outside.'
Legal Defences and Rejected Settlement
In addition to the counter-claim, Cairo Takeaway has filed a defence against Birenbaum's original defamation case from August. The restaurant denies their since-deleted social media posts were defamatory or likely to cause serious harm to Birenbaum's reputation.
They're mounting both contextual truth and honest opinion defences, claiming their posts conveyed that Birenbaum is 'a person prepared to stoke division in the community as a provocateur supporting the Israeli government' and that he 'acted aggressively and provocatively towards Cairo Takeaway staff.'
The restaurant also revealed they made a reasonable offer to settle the defamation claim, including $25,000 and another apology, but it was rejected by Birenbaum. The case continues to develop in the Federal Court with both parties preparing for further legal arguments.
