Q1 Homes: Claims builder’s servers ‘would come to harm’ before they were found damaged

A failed Gold Coast builder told his lawyer servers with crucial financial information may “come to harm” just weeks before they were found water damaged in the back of a ute, a court has heard.

FAILED Gold Coast builder Paul Callender told his lawyer servers with crucial financial information may “come to harm” just weeks before they were found water damaged in the back of a ute, a court has heard.

Mr Callender previously denied damaging the servers during the five-day hearing into the collapse of builder Queensland One Homes in the Federal Court in Brisbane this week. Liquidator Michael Caspaney had told creditors at a meeting in September he’d “faced difficulties” collecting records on Q1 Homes because the servers had been damaged.

Q1 Homes, which counts Mr Callender as sole director, collapsed in early July, 2017 owing more than $5.8 million to over 130 tradies and taxpayers, and leaving families with incomplete homes.

Paul Travis Callender and Amber Patrice Callender. Photo: Facebook

The hearing is the fulfilment of an election-eve funding promise from the State Government and seeks to examine Q1’s business model in detail and what led to the company’s failure and also to look into the collapse of the Cullen Group.

On July 26, on the same day liquidator Anne-Marie Barley was replaced by Michael Caspaney, Mr Wignall met with Mr Callender.

Edward Moon, counsel for the inquiry, asked Mr Wignall about the discussion, which concerned delivering servers that contained crucial financial records for Q1 Homes to Mr Caspaney.

“You made a note: ‘I said you need to cough this up. PC (Paul Callender) said it might come (sic) some harm before he delivers it’?” Mr Moon asked.

“If that is what the final note says,” Mr Wignall responded.

“Do you recall that discussion?”

“I don’t particularly recall that discussion.’

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Paul Travis Callender and Amber Patrice Callender. Photo: Facebook

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“Do you recall - and you say from your notes - if the servers had already come to some harm or whether they would come to some harm?”

“Privilege. I think the discussion was centred around ‘would’ come (to some harm)” Mr Wignall said.

Mr Wignall agreed with Mr Moon that he had understood the servers had not been damaged at that point in time.

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Paul Travis Callender and Amber Patrice Callender. Photo: Facebook

Mr Caspaney reported to a creditors’ meeting in September that he had found the servers in the back of a ute in August. Q1’s server, which contained two hard drives, was water damaged and the files were unable to be recovered.

Today was the final day of the inquiry, which has seen Mr Callender, his wife Amber Callender, accountant Kevin Dellow, and Cy Pearson of FRD Homes Pty Ltd all give evidence in relation to Q1.

Mr Caspaney said after the inquiry that there may be further court action with a view to recovering funds, however that was “in the hands of the lawyers”.