Hewlett Packard Enterprise Company & Ors v Sage & Anor [2017] EWHC 66 (QB) (20 January 2017)

Hewlett Packard Enterprise Company & Ors v Sage & Anor [2017] EWHC 66 (QB) (20 January 2017)

Peter Sage was found to have deliberately and seriously breached the Freezing Order and Search Order by dissipating assets, concealing his beneficial ownership and control of Sage International, failing to disclose and deliver up assets and documents, and providing false evidence to the court. The breaches were contumacious, flagrant, and aggravated by dishonesty and lack of remorse. The criminal standard of proof was met on all material allegations.

Citation
[2017] EWHC 66
Parties
Claimant: Hewlett Packard Enterprise Company; Claimant: Hewlett Packard Limited; Claimant: Hewlett Packard Pakistan (Private) Limited; Claimant: Hewlett Packard Singapore (Sales) Pte Limited; Defendant: Peter Sage; Defendant: Walter Jason Farfan
Jurisdiction
England and Wales
Judgment Date
20 January 2017
Procedural Posture
Contempt of Court Application / Judgment on Application for Committal for Contempt
Outcome
Application for committal granted; Peter Sage committed to prison for 18 months for contempt of court.
Legal Topics
Contempt of Court, Freezing Orders, Search Orders, Asset Dissipation, Disclosure Obligations
Civil Procedure Commercial Law Contempt of Court Freezing Orders Search Orders Asset Dissipation Disclosure Obligations

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Parties

Hewlett Packard Enterprise Company

Claimant

Hewlett Packard Limited

Claimant

Hewlett Packard Pakistan (Private) Limited

Claimant

Hewlett Packard Singapore (Sales) Pte Limited

Claimant

Peter Sage

Defendant

Walter Jason Farfan

Defendant

Procedural Posture

Contempt of Court Application / Judgment on Application for Committal for Contempt

Legal Issues

  1. 1 Whether Peter Sage was in contempt of court for breaching the Freezing Order and Search Order
  2. 2 Whether Sage International remained under the control or beneficial ownership of Peter Sage after June 2014
  3. 3 Whether dissipation of assets occurred in breach of the Freezing Order

Ratio Decidendi

Peter Sage was found to have deliberately and seriously breached the Freezing Order and Search Order by dissipating assets, concealing his beneficial ownership and control of Sage International, failing to disclose and deliver up assets and documents, and providing false evidence to the court. The breaches were contumacious, flagrant, and aggravated by dishonesty and lack of remorse. The criminal standard of proof was met on all material allegations.

Court Disposition

Application for committal granted; Peter Sage committed to prison for 18 months for contempt of court.

Orders

  • Peter Sage is committed to prison for 18 months for contempt of court.
  • No suspended committal order is made.