Exhibit 99.1
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21 February 2007
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For media enquiries please call Cameron Hamilton on: |
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Tel: (02) 8274 5304 or Mob: 0425 344 688. |
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For analyst enquiries please call Steve Ashe on: |
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Tel: (02) 8274 5246 Mob: 0408 164 011. |
Deferral of 3rd Quarter and 9 months
Results Announcement
James Hardie today announced that the release of its 3rd quarter and 9 months
financial results scheduled for Thursday 22 February 2007 in Sydney has been deferred.
The company announced last week that it had established a Special Matter Committee (SMC) comprising
all non-conflicted directors of the Joint Board to consider the corporate governance implications
for the company arising from the allegations contained in the civil proceedings launched by the
Australian Securities and Investments Commission (ASIC Allegations) and to deal with the
proceedings. Following the resignation on 20 February 2007 of three members of its Supervisory
Board, the SMC is now composed of all members of the Joint Board.
Deferring the release of its 3rd quarter and 9 months financial results will allow the
company to review whether or not the ASIC Allegations are likely to have any impact on the
companys financial statements. In this regard, the SMC has engaged independent external advisers
to assist with this review.
When the company underwent a similar review in reference to allegations raised during the Jackson
Inquiry in 2004, it determined that there had been no impact on the financial statements.
END
Media Enquiries:
Cameron Hamilton
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Telephone:
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61 2 8274 5304 |
Mobile:
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61 425 344 688 |
Email:
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[email protected] |
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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[email protected] |
Facsimile:
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61 2 8274 5218 |
www.jameshardie.com
Disclaimer
The exhibit attached to 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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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 5 of our Form 20-F filed on 29
September 2006 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; foreign exchange risks; the successful implementation of new software systems; and
the successful implementation of the internal control over financial reporting requirements of
Section 404 of the Sarbanes-Oxley Act of 2002, as codified by Item 308 of regulation S-K. We
caution you that the foregoing list of 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.