A federal court judge has criticised a pro-Israel activist for making “misleading and deceptive” comments after settling a legal dispute with a Sydney Middle Eastern restaurant. Justice Robert Bromwich said on Thursday he could not imagine “a single judge” who would find the behaviour acceptable.
The case between Ofir Birenbaum and Cairo Takeaway in Newtown was reopened after the restaurant alleged Birenbaum breached the settlement terms by claiming he was “completely vindicated”. The confidential settlement, reached in March, involved a joint statement in which the Daily Telegraph apologised to the restaurant for causing distress, and Cairo Takeaway apologised unreservedly to Birenbaum.
Hours after the joint statement was published, Birenbaum posted an additional “personal statement” on social media. His lawyer, Rebekah Giles, also sent statements to media calling the settlement “an important win for Ofir Birenbaum and the Australian Jewish community”. Justice Bromwich said of Birenbaum’s statement: “The kindest thing you can say about it is that in the context of the deed, it’s misleading and deceptive.”
Matthew Richardson, representing Cairo Takeaway, alleged a “coordinated effort” to discredit the settlement and “control the narrative”. He said the joint statement was meant to communicate an amicable resolution with no winner, but Birenbaum “effectively trashed that joint statement and killed any benefit that it had”.
Birenbaum’s barrister, Kieran Smark SC, argued that the comments were consistent with the joint statement, as the restaurant had publicly apologised. The court also heard allegations that information about compensation was leaked to Sky News journalist Sharri Markson, which Smark conceded was a breach of the settlement but denied came from Birenbaum or Giles. The hearing continues.
