Hawaii Revised Statutes

Haw. Rev. Stat. § 437-36 (2026)

  Injunction; damages

✓ current as of July 2026
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     §437-36  Injunction; damages.  The motor vehicle industry licensing board or any person, firm, or corporation or any trade association may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license where a license is required by this chapter, and if injured thereby, for the recovery of damages.  If in the suit the court finds that the defendant has violated or is violating any of the provisions of this chapter it may enjoin the defendant from further violation thereof.  It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved.  Plaintiff or petitioner shall be entitled, if the plaintiff or petitioner procures a decree hereunder, to a reasonable attorney's fee to be allowed by the court. [L 1949, c 163, §2; am L 1951, c 90, pt of §1; RL 1955, §160-181; HRS §437-36; am L 1969, c 263, §1(22); gen ch 1985]

 

Rules of Court

 

  Injunctions, see HRCP rule 65.

 

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2021 · leading case: Soderholm Sales & Leasing, Inc. v. BYD Motors Inc. (D. Haw. 2019).
Soderholm Sales & Leasing, Inc. v. BYD Motors Inc. (D. Haw. 2019). · cites it 2× “§ 437-28 (a)(21)(C) and § 437-58(g) (“Count II”); 3) BYD’s sales efforts that violate the licensing provision of the Agreement also violate the MVILA (“Count III”); 4) a misrepresentation claim based upon BYD’s representation to industry members that BYD has terminated the…”
Soderholm Sales & Leasing, Inc. v. BYD Motors Inc. (D. Haw. 2021). · cites it 2× “§ 437 - 28(a)(21)(C) and § 437-58(g) (“Count II”); 3) BYD’s sales efforts that violated the licensing provision of the Agreement also constitute violations of the MVILA (“Count III”); 4) a misrepresentation claim based upon BYD’s representation to industry members that BYD has…”
Soderholm Sales & Leasing, Inc. v. BYD Motors Inc. (D. Haw. 2021). · cites it 2× “§ 437 - 28(a)(21)(C) and § 437-58(g) (“Count II”); 3) BYD’s sales efforts that violated the licensing provision of the Agreement also constitute violations of the MVILA (“Count III”); 4) a misrepresentation claim based upon BYD’s representation to industry members that BYD has…”
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