Cairo Takeaway wins against Ofir Birenbaum's breach of settlement

Pro-Israel activist Ofir Birenbaum released "highly misleading and even deceptive" statements implying a victory, a court has found.

Guardian Australia reports that in doing so, Birenbaum breached a settlement that had been reached with Sydney restaurant Cairo Takeaway.

Justice Robert Bromwich handed down his decision in the federal court on Tuesday.

The Middle Eastern restaurant in Newtown alleged Birenbaum was in breach of a confidential settlement in a defamation case.

The settlement stipulated that the parties release a joint statement that “no party had won”.

However, Guardian reports that it was found that Birenbaum and his lawyer, Rebekah Giles, made comments on the same day as the joint statement, which suggested "victory" in the matter.

Bromwich found that this breached the settlement because it “misrepresented” and was “inconsistent” with the joint statement.

“Those statements as reported upon were in a general sense highly misleading and even deceptive,” he wrote.

 

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Cairo Takeaway vs Ofir Birenbaum

The matter between the restaurant and the activist began in February 2025, when Birenbaum visited the Cairo Takeaway wearing a Star of David cap and necklace. In attendance with him were reporters from the Daily Telegraph.

The stunt was part of 'operation Jew', it was later revealed thanks to a leak from the newsroom, intended to provoke the parties.

Birenbaum launched defamation proceedings against the restaurant’s owner, Hesham El Masry, and staff member Talaat Yehia for statements made in a series of social media posts.

Birenbaum denied the version of events depicted in the posts, and Cairo Takeaway deleted and apologised for them before the defamation suit was launched.

The case was settled in March. Cairo Takeaway, Birenbaum and the Daily Telegraph released a court-mandated joint statement in which the newspaper apologised to Cairo Takeaway for “causing distress”. Cairo apologised unreservedly to Birenbaum.

Top Image: Cairo Takeaway Instagram

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