A pro-Israel activist breached parts of a legal settlement with Sydney restaurant Cairo Takeaway, a court has ruled, after he claimed to have been “completely vindicated” following the settlement.

Justice Robert Bromwich handed down his decision in the federal court on Tuesday, in the latest chapter of a long-running feud with Ofir Birenbaum, who visited the popular Middle Eastern restaurant wearing a Star of David cap and necklace with reporters from the Daily Telegraph in February 2025.

The operation, later revealed to have been dubbed “undercover Jew” internally by the newspaper, made international headlines after it backfired.

In August, 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, which the restaurant later deleted and apologised for before the defamation suit was launched.

The case settled in March, but was reopened after the restaurant alleged Birenbaum had breached parts of the settlement the parties had agreed after he released a personal statement claiming he was “completely vindicated”.

His lawyer, Rebekah Giles, also sent statements to the media in which she labelled the settlement “an important win for Ofir Birenbaum and the Australian Jewish community”, the court heard.

In a May hearing over allegations that Birenbaum breached parts of the settlement, lawyers for Cairo Takeaway alleged the statements by Birenbaum and Giles were a “coordinated effort” to discredit the settlement and “control the narrative” in the media.

“These were victory statements, they were planned, they were intended to bury the joint statement in the news cycle, and they had that effect,” Matthew Richardson told the court.

Birenbaum’s lawyer, Kieran Smark SC, denied the comments were inconsistent with the official joint statement. He also suggested Birenbaum was vindicated because the restaurant had made a public apology.

More to come …