A popular Sydney restaurant has launched a counter-lawsuit against a pro-Israel activist, alleging he trespassed on their premises as part of a covert media operation that backfired spectacularly.
The Controversial 'Undercover Jew' Operation
Cairo Takeaway, located in Newtown, is taking legal action against Ofir Birenbaum, who visited the establishment in February wearing a Star of David cap and necklace while accompanied by Daily Telegraph reporters. The operation, internally referred to as "undercoverjew" by the newspaper, made international headlines after it failed to produce the intended outcome.
According to court documents filed to the federal court on Friday, the restaurant's lawyers argue that Birenbaum and the journalists were not permitted to enter the premises to "covertly film" interactions or "ambush staff members." The restaurant maintains that entry to the premises is strictly limited to its use as a dining establishment.
Legal Battle Escalates With Counter-Claim
The restaurant alleges that Birenbaum's true purpose in entering was to provoke an "angry or negative reaction from staff," secretly film the encounter for publication, and "seek to cause harm to the Cross-claimant by portraying the Cairo Takeaway, its owner, and its staff as being antisemitic."
This legal action comes in response to defamation proceedings initiated by Birenbaum in August against restaurant owner Hesham El Masry and staff member Talaat Yehia. Birenbaum claimed he faced vilification and an employer investigation after the restaurant suggested he attempted to manufacture an antisemitic incident.
Court documents reveal disturbing details about the planned operation, including an internal document created by Daily Telegraph reporter Danielle Gusmaroli that outlined intentions to "film peoples reactions to this Jewish man in their neighbourhood" across multiple Sydney suburbs.
Restaurant's Defence and Damages Claim
In its defence filing, Cairo Takeaway denied that social media posts about the incident were defamatory or likely to cause serious harm to Birenbaum's reputation. The restaurant is employing both contextual truth and honest opinion defences.
The establishment is seeking compensation for loss and damage, plus exemplary damages, citing what they describe as "the disgraceful and outrageous attempt to increase social division by entering a pro-Palestinian premises wearing a cap that resembles the Israeli flag with a Daily Telegraph camera crew waiting outside."
Restaurant lawyers from O'Brien Criminal and Civil Lawyers detailed how Birenbaum allegedly used covert filming equipment, including sunglasses "sold with inbuilt technology to enable filming" and loitered at the back of the restaurant while actively using his mobile phone.
The legal documents also claim that the restaurant made a reasonable offer to settle the defamation claim, including a $25,000 payment and another apology, but this was rejected by Birenbaum.
This case continues to unfold as both parties prepare for what promises to be a closely watched legal battle examining the boundaries of journalism, activism, and business rights in Australia.
