Overview
Marco is an experienced commercial litigator with a successful track record representing clients in a range of complicated high value disputes. The Legal 500 Caribbean refer to him as “a top-class commercial litigator who is renowned for his strategic thinking and creativity, and he has considerable experience in commercial fraud.” His practice focuses on banking, shareholder, insolvency and trust disputes. He regularly appears as lead counsel in the Supreme Court and Court of Appeal.
Examples of recent work:
Banking
- UBS (Bahamas) Ltd (in voluntary liquidation) v. Junkanoo Estates Ltd et al. – acting as lead counsel for UBS in the Supreme Court, Court of Appeal and Privy Council in this multi-million dollar property and share trading dispute.
- Ansbacher Bahamas Ltd v. UBS (Bahamas) Ltd (in voluntary liquidation) – acting as lead counsel for UBS in relation to a substantial share trading dispute.
- Maurice Christian v. Anbank (Bahamas) Ltd et al – acting as lead counsel for Anbank in relation to a claim for breach of mandate claims against the bank.
- Bettas Ltd v HSBC (Bahamas) Ltd et al – acting as lead counsel for Bettas Ltd in the Supreme Court and Court of Appeal in a breach of mandate claim against the defendants.
- Isotta Foundation v. Syz Bank & Trust Ltd – acting as lead counsel for Syz Bank in relation to breach of mandate claims by customers against the bank.
Liquidations
- Bateman & Company Ltd (In liquidation) – acting as lead counsel for Cayman liquidators in obtaining recognition in the Bahamas and collecting Bahamian assets.
- Clico (Bahamas) Ltd (in liquidation) – acting as lead counsel for the liquidator of a substantial insurance and property portfolio.
- Clico Enterprises Bahamas Ltd (in liquidation) – acting as lead counsel for a liquidator of a substantial property portfolio.
- Bahamar Insolvency – acted as counsel for the Import Export Bank of China with its disputes with the mortgagor and developer, including the successful opposing of the recognition of Chapter 11 proceedings. Also acted as counsel for the receiver-managers of the Bahamar properties in multiple court proceedings arising from the completion and sale of the $3.5 billion project.
- BC Capital Group S.A. (in liquidation) – acting as counsel for several shareholders in the liquidation.
- Socimer International Bank Limited (in liquidation) – acting for bank customer in relation to significant fee dispute with liquidator.
Trusts
- Matteo Volpi v Delanson Services Ltd & Gabriele Volpi – acting for Delanson Services Ltd in a challenge to the Bahamian Court’s jurisdiction and to set aside injunctions.
- Ann Maxine Patton v. James Alfred Walker Jr et al – acting as lead counsel for protector in relation to claims by a trust beneficiary for breach of duties and removal.
- Burt Kroner v. Gonet Bank & Trust Ltd – acting as counsel for Mr Kroner in his action against trustees for breach of fiduciary duties in paying away a significant portion of the trust funds to fraudsters.
- Re X – advising trustees in relation to issues its removal.
- Re Y – advising trustees in relation to ongoing matrimonial proceedings.
- Re Z – advising beneficiaries in relation to claims against trustee for mis-management.
Commercial
- AML Foods Ltd v Roaslie McKenzie et al – acting for AML in a substantial property dispute.
- Bernadette L. North et al v. Tennerdale Limited et al – acting as lead counsel for a mortgagee in relation to substantial property dispute involving multiple parties.
- Powersecure Inc. – advising Powersecure Inc. in relation to terminating its contract with Bahamas Power and Light Company Ltd.
- Crawford & Company International Inc v. Crawford Bahamas Ltd – appeared as lead counsel, in Supreme Court and Court of Appeal, for Crawford & Company International in relation to a multi-million dollar contract dispute with Crawford Bahamas Ltd.
- Re X – representing a financial institution against a claim by a customer for mismanagement.
Company
- Banque Havilland (Bahamas) Ltd v. Christophe Mazurier et al – acting as lead counsel for Bank Havilland Bahamas Ltd in relation to its multi-million dollar claim against certain former directors for, inter alia, breach of fiduciary duties.
- Salsipuedes Ltd v. Sarah M. Lobosky – acting as counsel for Salsquedes in its action against its former director for breach of fiduciary duties in paying away a significant portion of company funds to fraudsters.
- Re Y – advising a local company in relation to multi-million dollar claim against its directors.
- Alfredo N. P. Moraes v. Paulista Ltd – appeared as counsel in the Supreme Court and Court of Appeal for Mr Moraes, a minority shareholder, in bringing substantial claims against the company and its directors for mismanagement.
- Island Gas Ltd et al – appeared as counsel in the Supreme Court and Court of Appeal for a minority shareholder in bringing winding up proceedings against companies with significant holdings in the Dominican Republic.
