Sage v Hewlett Packard Enterprise Company & Ors

Sage v Hewlett Packard Enterprise Company & Ors

The finding of contempt regarding the engagement ring could not stand because the breaches found were not alleged in the committal application, violating procedural fairness. The findings of contempt regarding beneficial ownership of Sage International, dissipation of assets, and other breaches were supported by the evidence and properly pleaded. The sentence was reduced from 18 to 12 months to reflect the quashing of the engagement ring finding and the overall gravity of the remaining contempts.

Parties
Appellant/defendant: Peter Sage; Defendant: Walter Jason Farfan; Claimant/respondent: Hewlett Packard Enterprise Company; Claimant/respondent: Hewlett Packard Limited; Claimant/respondent: Hewlett Packard Pakistan (Private) Limited; Claimant/respondent: Hewlett Packard Singapore (Sales) Pte Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court Committal Order
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Committal for Contempt, Freezing Orders, Search Orders, Disclosure Obligations, Asset Dissipation
Civil Procedure Contempt of Court Committal for Contempt Freezing Orders Search Orders Disclosure Obligations Asset Dissipation

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Parties

Peter Sage

Appellant/defendant

Walter Jason Farfan

Defendant

Hewlett Packard Enterprise Company

Claimant/respondent

Hewlett Packard Limited

Claimant/respondent

Hewlett Packard Pakistan (Private) Limited

Claimant/respondent

Hewlett Packard Singapore (Sales) Pte Limited

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Committal Order

Legal Issues

  1. 1 Whether the appellant was guilty of contempt of court for breaches of freezing and search orders
  2. 2 Whether procedural irregularity in the committal application invalidated the finding of contempt regarding the engagement ring
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The finding of contempt regarding the engagement ring could not stand because the breaches found were not alleged in the committal application, violating procedural fairness. The findings of contempt regarding beneficial ownership of Sage International, dissipation of assets, and other breaches were supported by the evidence and properly pleaded. The sentence was reduced from 18 to 12 months to reflect the quashing of the engagement ring finding and the overall gravity of the remaining contempts.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Finding of contempt regarding the engagement ring quashed
  • Sentence of imprisonment reduced from 18 to 12 months