§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.