Whilst the judge was clearly mindful of, and concerned about, the edict that "an entity cannot achieve what it has no power to do simply by stating or promising that it has the power, and that underlying the doctrine of ultra vires is a policy of protecting the public: see Hazell v Hammersmith and Fulham LBC [1992] 2 AC 1, 36F/G per Lord Templeman", he nonetheless departed from that strict position: "But there seems to me no reason that a legal entity should not in a valid contract undertake that the contract will not be used as a vehicle for purported transactions that are invalid because they are outside their capacity."Credit Suisse v Vestia, at paragraph 319.
