Exhibit 99.2
COMPANY STATEMENT
For media enquiries please call Peter Baker on:
Tel: (02) 8274 5239
For analyst enquiries please call Steve Ashe on:
Tel: (02) 8274 5246 Mob: 0408 164 011.
False claims against James Hardie
An article in the Sydney Daily Telegraph today has generated significant media attention
about the claim made in that article that James Hardie withheld a doctors report relating to
the late Mr Banton for the purpose of denying Mr Banton compensation. The allegation made in
the article is wrong and appears to be designed solely to incite anger and adverse opinion
against James Hardie.
James Hardie did not manage Mr Bantons asbestosis-related claim in 2000 or the recent
mesothelioma-related claim settled last week. James Hardie does not have a copy of the
doctors report referred to in the article.
Following todays media, James Hardie has made enquiries regarding the handling of the
claims. Based on these enquiries, James Hardie understands that a doctors report commenting
on Mr Bantons x-ray history was prepared in 2000. This report was not tabled in 2000
because Mr Bantons medical condition was not in question there was no dispute concerning
his diagnosis of asbestosis. In 2007, the report was tabled, but as part of a comprehensive
tabling of all materials designed to enable the case to be expedited. It was in no way used
to prevent or limit compensation to Mr Banton as implied in todays article. Such a
suggestion is scurrilous.
Our enquiries also lead us to believe that it would be unusual for employees not to be
presented with the results of x-rays which were taken regularly as part of Amacas standard
health monitoring service.
James Hardie assures all stakeholders that it intends to uphold its part of the funding
agreement that Mr Banton and others worked so hard to achieve. All those involved in the
development of the agreement, including Mr Banton, recognised that for the funding agreement
to be viable over its lifetime of 40+ years, James Hardie has to remain strong and
successful. Articles that incite vilification against James Hardie will make it more
difficult to achieve this.
Background
James Hardie is repeatedly described in error as managing the claims by the late Mr Banton
for compensation. James Hardie did not manage Mr Bantons 2000 claim for compensation, or
his recent 2007 claim. The compensation matters were handled by Allianz, the workers
compensation insurer for Amaca, the former James Hardie subsidiary which employed Mr Banton
as part of the Hardie BI joint venture between James Hardie and CSR.
Mr Banton received compensation from Allianz in 2000. Because a further claim is uncommon,
Amaca asked the NSW Court of Appeal to confirm the nature of damages to be paid in relation
to his recent claim. Contrary to some media commentary that the request was designed to delay
the matter, the reality is that the course of action was intended to ensure that the damages
were assessed appropriately and paid according to law. The matter was settled on 22 November
2007.
END
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Media Enquiries:
Peter Baker
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Telephone:
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61 2 8274 5239 |
Email:
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Facsimile:
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61 2 8274 5218 |
Investor and Analyst Enquiries:
Steve Ashe Vice President Investor Relations
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Telephone:
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61 2 8274 5246 |
Mobile:
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61 408 164 011 |
Email:
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Facsimile:
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61 2 8274 5218 |
www.jameshardie.com
Disclaimer
This company statement contains forward-looking statements. We may from time to time
make forward-looking statements in our periodic reports filed with or furnished to the United
States Securities and Exchange Commission on Forms 20-F and 6-K, in our annual reports to
shareholders, in offering circulars and prospectuses, in media releases and other written
materials and in oral statements made by our officers, directors or employees to analysts,
institutional investors, representatives of the media and others. Examples of forward-looking
statements include:
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expectations about the timing and amount of payments to the Asbestos Injuries
Compensation Fund (AICF), a special purpose fund for the compensation of proven
asbestos-related personal injury and death claims; |
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expectations with respect to the effect on our financial statements of those
payments; |
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statements as to the possible consequences of proceedings brought against us and
certain of our former directors and officers by the Australian Securities &
Investments Commission; |
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expectations that our credit facilities will be extended or renewed; |
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projections of our operating results or financial condition; |
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statements regarding our plans, objectives or goals, including those relating to
competition, acquisitions, dispositions and our products; |
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statements about our future performance; and |
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statements about product or environmental liabilities. |
Words such as believe, anticipate, plan, expect, intend, target, estimate,
project, predict, forecast, guideline, should, aim and similar expressions are
intended to identify forward-looking statements but are not the exclusive means of
identifying such statements.
Forward-looking statements involve inherent risks and uncertainties. We caution you that a
number of important factors could cause actual results to differ materially from the plans,
objectives, expectations, estimates and intentions expressed in such forward-looking
statements. These factors, some of which are discussed under Risk Factors beginning on page
6 of our Form 20-F filed on 6 July 2007 with the Securities and Exchange Commission, include
but are not limited to: all matters relating to or arising out of the prior manufacture of
products that contained asbestos by current and former James Hardie subsidiaries; required
contributions to the AICF and the effect of foreign exchange on the amount recorded in our
financial statements as an asbestos provision; compliance with and changes in tax laws and
treatments; competition and product pricing in the markets in which we operate; the
consequences of product failures or defects; exposure to environmental, asbestos or other
legal proceedings; general economic and market conditions; the supply and cost of raw
materials; the success of our research and development efforts; our reliance on a small
number of product distributors; compliance with and changes in environmental and health and
safety laws; risks of conducting business internationally; compliance with and changes in
laws and regulations; and foreign exchange risks; the successful implementation of new
software systems; and the effect of natural disasters. We caution you that the foregoing list
and factors is not exhaustive and that other risks and uncertainties may cause actual results
to differ materially from those in forward-looking statements. Forward-looking statements
speak only as of the date they are made.
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