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 in contempt of court for deliberate, serious, and multiple breaches of the Freezing Order and Search Order, including dissipation of assets, concealment of beneficial ownership and control of Sage International, failure to disclose and deliver up bank and email accounts, and providing false evidence. The breaches were aggravated by persistent dishonesty and lack of remorse.

Citation
[2017] EWHC 66 (QB)
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 Committal Application
Outcome
Application for committal granted; Peter Sage committed to prison for 18 months.
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 Committal Application

Legal Issues

  1. 1 Whether Peter Sage was in contempt of court for breaches of a Freezing Order and Search Order
  2. 2 Whether Sage International remained under the control of Peter Sage and was an asset subject to the Orders
  3. 3 Whether dissipation of assets occurred in breach of the Orders

Ratio Decidendi

Peter Sage was found in contempt of court for deliberate, serious, and multiple breaches of the Freezing Order and Search Order, including dissipation of assets, concealment of beneficial ownership and control of Sage International, failure to disclose and deliver up bank and email accounts, and providing false evidence. The breaches were aggravated by persistent dishonesty and lack of remorse.

Court Disposition

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

Orders

  • Peter Sage committed to prison for 18 months for contempt of court.
  • No suspension of committal order granted.