appeal hearing, page-115

I think we'd be naive to think the courts don't take into account overlaps between cases such as these. Check the judgments FCA 290 and FCA 291 here:

http://www.austlii.edu.au/au/cases/cth/FCA/2012/

You'll note that judgments for the M&DC case and the original pre-dicovery action (prior to the appeal) were handed down together on 4th April 2012 for the two separate cases.

Admittedly they were both being handled by Mansfield, so the current situation is a little different, however we can't assume that each case is irrelevant to the other.