I think the court case has 2 questions to determine : (1) what is a 'fair' price for fatpipes ?, and (2) can the preferred bidder afford it ? It would be lax of the court to say that the selling price should be fixed at £3Mill if the PST can't meet that, ( despite being 'fully funded' ). It seems that without the PFA's agreement to further deferral, the PST cannot pay the 'fair' price.