Cairo Takeaway awarded costs for settlement breach

In an Instagram post put up yesterday (August 27) by Cairo Takeaway that began with “We have a little joke to tell: A Zionist and a Newspaper walked into a restaurant” – the Newtown-based restaurant confirmed that it had just been awarded costs, in relation to a June 30, 2026 ruling by a Federal Court of Australia judge, that Ofir Birenbaum had breached a clause of a Deed of Settlement with the restaurant.

The case arose from an incident on February 11, 2025 when Birenbaum – wearing a Star of David cap and pendant – entered Cairo Takeway as a customer to see how he would be treated, as part of a Daily Telegraph investigation into antisemitism in Sydney.

Birenbaum had sued the restaurant for defamation, following the incident, and the matter was settled out of court on March 26 this year, and a joint statement by all parties was issued.

In the days following that settlement being reached, Birenbaum posted on Instagram “The truth wins. I have been completely vindicated. I have been given an unreserved public apology for the lies they told about me”.

And Birenbaum’s lawyer Rebekah Giles, also at that time, had said “this is an important win for Ofir Birenbaum and the Australian Jewish community”.