§380-7  Hearing.  No court of the State
shall have jurisdiction to issue a temporary or permanent injunction in any
case involving or growing out of a labor dispute, as defined in this chapter,
except after hearing the testimony of witnesses in open court (with opportunity
for cross-examination) in support of the allegations of a complaint made under
oath, and testimony in opposition thereto, if offered, and except after
findings of fact by the court, to the effect:



(1)  That unlawful acts have been threatened and will
be committed unless restrained or have been committed and will be continued
unless restrained, but no injunction or temporary restraining order shall be
issued on account of any threat or unlawful act excepting against the person or
persons, association, or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same after actual
knowledge thereof;



(2)  That substantial and irreparable injury to
complainant's property will follow;



(3)  That as to each item of relief granted greater
injury will be inflicted upon complainant by the denial of relief than will be
inflicted upon defendants by the granting of relief;



(4)  That complainant has no adequate remedy at law;
and



(5)  That the public officers charged with the duty to
protect complainant's property are unable or unwilling to furnish adequate
protection.



The hearing shall be held after due and
personal notice thereof has been given, in such manner as the court shall
direct, to all known persons against whom relief is sought, and also to the
chief of those public officials of the county and city within which the
unlawful acts have been threatened or committed charged with the duty to
protect complainant's property; provided that if a complainant also alleges
that, unless a temporary restraining order is issued without notice, a
substantial and irreparable injury to complainant's property will be
unavoidable, a temporary restraining order may be issued upon testimony under
oath, sufficient, if sustained, to justify the court in issuing a temporary
injunction upon a hearing after notice.  A temporary restraining order shall be
effective for no longer than five days and shall become void at the expiration
of the five days.  No temporary restraining order or temporary injunction shall
be issued except on condition that complainant shall first file an undertaking
with adequate security in an amount to be fixed by the court sufficient to
recompensate those enjoined for any loss, expense, or damage caused by the
improvident or erroneous issuance of the order or injunction, including all
reasonable costs (together with a reasonable attorney's fee) and expense of
defense against the order or against the granting of any injunctive relief
sought in the same proceeding and subsequently denied by the court.



The undertaking mentioned in this section shall
be understood to signify an agreement entered into by the complainant and the
surety upon which a decree may be rendered in the same suit or proceeding
against the complainant and surety, upon a hearing to assess damages of which
hearing complainant and surety shall have reasonable notice, the complainant
and surety submitting themselves to the jurisdiction of the court for that
purpose.  But nothing in this section shall deprive any party having a claim or
cause of action under or upon such undertaking from electing to pursue the
party's ordinary remedy by suit at law or in equity. [L 1963, c 200, §7; Supp,
§90B-7; HRS §380-7; gen ch 1985]



 



Rules of Court



 



  Injunctions, see HRCP rule 65.