[1] The appellant, the plaintiff in the court below is an investment subsidiary company of Koperasi Pekerja - Pekerja Kerajaan Sabah Berhad, a co - operative registered under the Co - Operative Societies Act 1993. The appellant claims against the respondent bank losses it says it suffered as a result of the wrongful withdrawal of banking facilities by the respondent in breach of a purported agreement. The issue before the learned trial judge is whether there exists a legally binding agreement between the appellant and the respondent. It is the appellant's contention that there was a legally binding agreement between the parties upon the appellant's acceptance of the respondent's offer of banking facilities. The learned trial judge found that the intention of the parties is not to make a concluded bargain unless and until a formal contract is executed and dismissed the appellant's claim with costs. Having considered the submissions and the appeal r