[§673-4] Scope of relief.
123 words·~1 min read·
/hi/chapter-673/673-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§673-4] Scope of relief.
(a)In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not charged by law with the administration of the trust property; provided that actual damages may be awarded to a successful plaintiff.
(b)"Actual damages", as used in this section, means direct, monetary, out of pocket loss, excluding noneconomic damages as defined in section 663-8.5 and any consequential damages, sustained by a native Hawaiian or Hawaiian individually rather than the class generally. [L 1988, c 395, pt of §2]