§380-7  Hearing.  No court of the Stateshall have jurisdiction to issue a temporary or permanent injunction in anycase involving or growing out of a labor dispute, as defined in this chapter,except after hearing the testimony of witnesses in open court (with opportunityfor cross-examination) in support of the allegations of a complaint made underoath, and testimony in opposition thereto, if offered, and except afterfindings of fact by the court, to the effect:

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

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

(3)  That as to each item of relief granted greaterinjury will be inflicted upon complainant by the denial of relief than will beinflicted 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 toprotect complainant's property are unable or unwilling to furnish adequateprotection.

The hearing shall be held after due andpersonal notice thereof has been given, in such manner as the court shalldirect, to all known persons against whom relief is sought, and also to thechief of those public officials of the county and city within which theunlawful acts have been threatened or committed charged with the duty toprotect complainant's property; provided that if a complainant also allegesthat, unless a temporary restraining order is issued without notice, asubstantial and irreparable injury to complainant's property will beunavoidable, a temporary restraining order may be issued upon testimony underoath, sufficient, if sustained, to justify the court in issuing a temporaryinjunction upon a hearing after notice.  A temporary restraining order shall beeffective for no longer than five days and shall become void at the expirationof the five days.  No temporary restraining order or temporary injunction shallbe issued except on condition that complainant shall first file an undertakingwith adequate security in an amount to be fixed by the court sufficient torecompensate those enjoined for any loss, expense, or damage caused by theimprovident or erroneous issuance of the order or injunction, including allreasonable costs (together with a reasonable attorney's fee) and expense ofdefense against the order or against the granting of any injunctive reliefsought in the same proceeding and subsequently denied by the court.

The undertaking mentioned in this section shallbe understood to signify an agreement entered into by the complainant and thesurety upon which a decree may be rendered in the same suit or proceedingagainst the complainant and surety, upon a hearing to assess damages of whichhearing complainant and surety shall have reasonable notice, the complainantand surety submitting themselves to the jurisdiction of the court for thatpurpose.  But nothing in this section shall deprive any party having a claim orcause of action under or upon such undertaking from electing to pursue theparty'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.