SYDNEY — Federal Court Justice Robert Bromwich ruled in May that Ofir Birenbaum breached parts of a legal settlement with Cairo Takeaway. The ruling followed the issuance of public statements by Birenbaum's lawyers claiming victory after a defamation settlement in March.

Ofir Birenbaum, described as a pro-Israel activist, visited Cairo Takeaway, a Middle Eastern restaurant in Newtown, Sydney, in February 2025. During his visit, Birenbaum wore a Star of David cap and necklace. Reporters from a newspaper accompanied Birenbaum, and the publication internally referred to the operation as "undercover Jew."

In August, Birenbaum initiated defamation proceedings against Hesham El Masry, the owner of Cairo Takeaway, and Talaat Yehia, a staff member. These proceedings were based on statements made in a series of social media posts by El Masry and Yehia. Cairo Takeaway deleted the social media posts and issued an apology before the defamation suit was launched.

The defamation case reached a settlement in March. Following the settlement, Birenbaum released a personal statement claiming he was "completely vindicated." Rebekah Giles, Birenbaum's lawyer, sent statements to the media that labeled the settlement "an important win for Ofir Birenbaum and the Australian Jewish community."

A hearing was held in May concerning allegations that Birenbaum breached the settlement terms. Matthew Richardson, a lawyer for Cairo Takeaway, stated, "These were victory statements, they were planned, they were intended to bury the joint statement in the news cycle, and they had that effect." Kieran Smark SC, a lawyer for Birenbaum, denied that Birenbaum's comments were inconsistent with the official joint statement.