§445-32 Suit to enjoin violation and action for damages. Any person, firm, private corporation, incorporated or unincorporated trade association, may maintain a suit to enjoin a continuance of any act in violation of sections 445-22 to 445-31 and, if injured thereby, have recovery of damages. If in any such suit the court finds that the defendant is violating or has violated any of the sections, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved in order to obtain the injunction.
No proceeding shall be instituted for an injunction unless or until plaintiff or petitioner has notified the defendant of the plaintiff's or petitioner's intention to file the proceeding unless the defendant ceases and desists from continuing to act in violation of any of the sections, the notice to be given at least twenty-four hours previous to the filing of any action. No injunction shall issue in the event that the defendant ceases violating the sections upon the receipt of the notice, but the giving of the notice or the bringing of a suit or action under this section shall not prevent the institution or continuance to completion of a prosecution under section 445-27, or of a suit under section 445-33. [L 1951, c 196, §3; RL 1955, §155-29; HRS §445-32; gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
Case Notes
Injunction issued. 51 H. 502, 463 P.2d 914 (1970).
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
445-1 Definition: "Treasurer".
445-5 Fees; date when due and payable.
445-9 Canceled on transferring, etc., business; penalty.
445-11 Exposed to view; penalty.
445-12 Business without license forbidden; not transferable; penalty.
445-22 Public auction unlawful when.
445-25 Description of goods sold considered warranties.
445-26 Auction at places other than auction room; mock auctions.
445-28 Place of public auction room.
445-29 Designation of place for business.
445-32 Suit to enjoin violation and action for damages.
445-37 Public officers, etc., may sell without license.
445-95 Conditions for conditional operation.
445-95.1 Unfair or deceptive practices prohibited.
445-95.2 Unfair and deceptive practices defined.
445-95.3 Powers of the director.
445-95.6 Suits by individuals.
445-112 Where and when permitted.
445-112.5 Vehicular advertising prohibited; penalty.
445-113 Regulation by counties.
445-114 Unlawful posting in public places.
445-115 Same; consent of owner.
445-120 Enforcement by civil suit.
445-134.11 Pawn transaction agreement; disclosure requirements.
445-134.15 Pawnbroker's recourse.
445-134.16 Pawnbroker liability.
445-135 Acting without license; penalty.
445-136 Breach of condition; penalty.
445-172 Prohibitions; penalty.
445-233.5 Payment of copper purchased by scrap dealer or recycler; check; mailing.