§481-10 - Actions to enjoin violation. - Hawaii Statutes

     §481-10  Actions to enjoin violation.  Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of sections 481-1 to 481-7 and, if injured thereby, for the recovery of damages.  If, in the action, the court finds that the defendant is violating or has violated any of the provisions of sections 481-1 to 481-7, it shall enjoin the defendant from a continuance thereof.  It shall not be necessary that actual damages to the plaintiff be alleged or proved.  In addition to such injunctive relief, the plaintiff shall be entitled to recover from the defendant three times the amount of any actual damages sustained.

     Any defendant in an action brought under this section may be compelled to testify by deposition under chapter 624, or in person before the court in which the action is brought, and may be examined by the plaintiff, as if on cross-examination, and the plaintiff shall not be bound by the defendant's testimony; and in addition the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.

     The defendant may in like manner and subject to like conditions and with like privileges compel the plaintiff to testify by deposition or otherwise. [L 1937, c 223, §10; RL 1945, §9330; am L 1955, c 241, §1(f); RL 1955, §205-11; HRS §481-10; gen ch 1985]

 

Rules of Court

 

  Depositions, see Hawaii Rules of Civil Procedure, part V.