632-3 Further relief upon judgment. Further relief based on a declaratory judgment may be granted whenever necessary or proper, after reasonable notice and hearing, against any adverse party whose rights have been adjudicated by the judgment. [L 1921, c 162, 3; RL 1925, 2920; RL 1935, 4222; RL 1945, 9973; RL 1955, 228-3; HRS 632-3; am L 1972, c 89, 1(e)]


Case Notes


Cited as authorizing the grant of ancillary equitable relief, including relief from forfeiture of lease for breach of covenant. 58 H. 606, 575 P.2d 869 (1978).

Where the court did not adjudicate the rights of any party because the declaratory judgment was voluntarily dismissed, section inapplicable. 103 H. 26, 79 P.3d 119 (2003).

Where the recipients of the contracts awarded under 3-122-166 (repealed), Hawaii administrative rules, were not made parties to the case and, therefore, their rights were not "adjudicated by the judgment", the circuit court could not have invalidated the contracts as "ancillary relief". 132 H. 333, 322 P.3d 228 (2014).



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