Key Details
Federal Court Justice Robert Bromwich criticized statements made by pro-Israel activist Ofir Birenbaum after a settlement with Sydney restaurant Cairo Takeaway, calling them "misleading and deceptive."
- The settlement, reached in March, required a joint apology statement from Birenbaum, Cairo Takeaway, and the Daily Telegraph.
- Birenbaum posted an additional personal statement on social media hours after the joint statement, claiming vindication.
- Birenbaum's lawyer, Rebekah Giles, also sent media statements describing the settlement as "an important win for Ofir Birenbaum and the Australian Jewish community."
Background
- The dispute began in February 2025 when Birenbaum visited Cairo Takeaway with reporters from the Daily Telegraph—an operation the newspaper internally called "undercover Jew."
- In August, Birenbaum sued the restaurant's owner Hesham El Masry and staff member Talaat Yehia for defamation over social media posts, which were later deleted and apologized for.
- The settlement included apologies from both sides, with the Daily Telegraph apologizing to Cairo Takeaway and Cairo apologizing to Birenbaum.
Court Arguments
- Matthew Richardson, for Cairo Takeaway, alleged that Birenbaum and Giles coordinated to discredit the settlement and control the narrative, calling it a "coordinated effort."
- Richardson argued that the personal statements were "victory statements" intended to undermine the joint statement's message of amicable resolution.
- Kieran Smark SC, for Birenbaum, denied the statements were inconsistent with the joint statement and argued that Birenbaum was vindicated by the restaurant's public apology.
Other Allegations
- Richardson alleged that Birenbaum or Giles leaked information about compensation to Sky News journalist Sharri Markson, a breach of settlement terms.
- Smark conceded the leak was a breach but denied it came from Birenbaum or Giles.
- A WhatsApp message showed Birenbaum contacting Markson about the story, and a briefing note was sent to Crikey and Daily Mail, though Birenbaum denied involvement in sending it.
Outcome
Justice Bromwich has reserved his decision on whether Birenbaum breached the settlement.