§437-36 Injunction; damages. The motor vehicle industry licensing board or any person, firm, or corporation or any trade association may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license where a license is required by this chapter, and if injured thereby, for the recovery of damages. If in the suit the court finds that the defendant has violated or is violating any of the provisions of this chapter it may enjoin the defendant from further violation thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved. Plaintiff or petitioner shall be entitled, if the plaintiff or petitioner procures a decree hereunder, to a reasonable attorney's fee to be allowed by the court. [L 1949, c 163, §2; am L 1951, c 90, pt of §1; RL 1955, §160-181; HRS §437-36; am L 1969, c 263, §1(22); gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
437. Motor Vehicle Industry Licensing Act
437-1 Legislative findings and declaration.
437-2.5 REPEALED. L 1996, c 264, §15.
437-3 Prohibited acts for dealer or auction.
437-6 Powers and duties of the board.
437-7 Application for issuance or renewal of license.
437-11 Additional requirements for dealer's and auction's license.
437-12 Legal ownership certificates.
437-14 Delivery of contract required.
437-15 Principals held responsible.
437-24 Licenses terminate, when.
437-26 License not transferable; other requirements.
437-27 Change of status, notice.
437-27.5 Requirements to maintain license.
437-28 Suspension; revocation; fine; denial of issuance or renewal of a license.
437-29 Discretionary powers of board.
437-31.5 New or used motor vehicle sales and lease contracts.
437-32 Credit sale contracts; agreements concerning, unlawful.
437-33 Coercion by manufacturer or distributor unlawful.
437-34 Credit sale contracts, when purchase of unlawful.
437-37 Credit sale contract violations; penalty.
437-37.5 Cumulative penalties.
437-40 Information in applications, confidential; penalty for divulging.
437-41 Liberal interpretation.
437-42 Sections 445-171 and 445-172 not to apply.
437-53 Sale, assignment, or transfer of franchise to qualified purchaser.
437-54 Transfer of franchise to successor who is not a qualified purchaser.
437-55 Establishment or relocation of franchise within relevant market area.
437-56 Reimbursement for parts.
437-57 Warranty and incentive audits.
437-58 Cancellation or failure to renew franchise agreement.